UNIVERSITY  OF  CALIFORNIA 
AT   LOS  ANGELES 


&nfcreto  £t£cf  arianfc  2Datoig 


The  Confiscation  of  John  Chandler's  Estate.  With  a 
Portrait.  8vo,  $3.00,  net.  Postage  extra. 

Tracts  Relating  to  the  Currency  of  Massachusetts 
Bay,  1682-1720.  Illustrated.  8vo,  $4.00,  net.  Post- 
paid, $4.21. 

HOUGHTON,  MIFFLIN  &  COMPANY 

BOSTON   AND   NEW   YORK 


THE  CONFISCATION  OF 

JOHN  CHANDLER'S 

ESTATE 


BY 


ANDREW  McFARLAND  DAVIS 


BOSTON  AND  NEW  YOKE 
HOUGHTON,   MIFFLIN  AND  COMPANY 


1903 


Published  May,  zgoj 


§ 

E-t 
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a 

CONTENTS 


I.  INTRODUCTORY 1 

II.   JOHN  CHANDLER,  LOYALIST 6 

III.  LEGISLATION 25 

IV.  THE  VALUE  OF  THE  ESTATE 60 

V.   THE  PAPERS  OF  THE  PROBATE  FILES  ANALYZED    .    .  71 

VI.  THE  COURT  RECORDS  AND  THE  ARCHIVES      ....  96 

VII.  THE  LONDON  TRANSCRIPTS 104 

o 
g 

-  APPENDIX 

CO 

CQ          A.  PAPERS  ON  FILE  IN  THE  PROBATE  COURT  OF  WORCES- 

Jsj  TER  COUNTY  IN  THE  CASE  OF  JOHN  CHANDLER     .    119 

B.  RECORDS  OF  THE  CASES  OF  THE  STATE  vs.  CHAN- 

DLER IN  THE  INFERIOUR  COURT  OF  COMMON  PLEAS    187 

C.  PAPERS  IN  THE  MASSACHUSETTS  ARCHIVES  RELATING 

TO  THE  CASE  OF  JOHN  CHANDLER 204 

D.  OFFICIAL  DOCUMENTS  IN  THE  PUBLIC  RECORD  OFFICE 

OF  ENGLAND  RELATING  TO  JOHN  CHANDLER'S  CLAIMS 
FOR  TEMPORARY  SUPPORT  AND  COMPENSATION  FOR 
LOSSES  SUSTAINED 213 


CALENDAR  OF  PAPERS    RELATING    TO  THE  ES- 
TATE OF  JOHN  CHANDLER,  AN  ABSENTEE. 

WORCESTER  PROBATE   FILES. 

1.  Certificate  of  the  Committee  of  Correspondence,  etc.,  of  the 

town  of  Worcester  that  John  Chandler  and  others  are 
absentees  April  18,  1777 

2.  Bond  of  Joseph  Allen,  Agent,  £2000,  sureties  Benjamin 

Conklin  and  Benjamin  Greene  May  7,  1777 

3.  Warrant  appointing   Samuel   Curtis,  Nathan  Perry,  and 

Samuel  Miller  of  Worcester  appraisers  of  property  left 

by  Chandler  May  7,  1777 

Return  of  appraisers  January  1,  1779 

Oath  of  Office  January  2,  1778  [1779?] 

4.  Warrant  appointing  John  Cutting,  David  Scott,  and  Enoch 

Shephard  appraisers  of  estate  in  Hampshire  County 

May  20,  1778 

Oath  of  Office,  John  Kirkland  August  6,  1778 

Oath  of  Office,  David  Scott  and  Enoch  Shephard 

September  22,  1778 

5.  Warrant  appointing  David  Wilder,  Timothy  Boutell,  and 

John  Richardson,  of  Leominster,  appraisers 

October  6,  1778 

Oath  of  Office  October  8,  1778 

Return  of  appraisers  October  8,  1778 

6.  Warrant  appointing  John  Fry,  Esq.,  Henry  Bond,  and  Pel- 

atiah  Metcalf  of  Royalston  appraisers     October  6,  1778 
Oath  of  Office  October  23,  1778 

7.  Petition  of  Mary  Chandler  November  20,  1778 

8.  Return  of  Royalston  appraisers  November  28,  1778 

9.  Return  of  Hampshire  County  appraisers  December  3, 1778 
Additional  return  December,  1778 


viii  CALENDAR  OF  PAPERS 

10.  Inventory  of  the  real  estate  [1779]  ? 

11.  Inventory  of  the  personal  estate  April  7,  1777 
Inventory  of  the  real  estate  January  9,  1779 
Oath  of  Agent  March  17,  1779 

12.  Second  petition  of  Mary  Chandler  March  17,  1779 

13.  Account  of  Joseph  Allen,  Agent,  April  29,  1779 
Jurat  May  4,  1779 
Order  of  Court  May  4,  1779 

14.  Warrant  appointing  Samuel  Curtis,  Esq.,  Nathan  Perry, 

and  Samuel  Brown  Commissioners  to  examine  claims 

September  1,  1779 
Oath  of  Office  May,  1782 

15.  Warrant  appointing  Benjamin  Flagg,  Esq.,  Nathan  Perry, 

Gentleman,  and  Samuel  Miller,  yeoman,  Commissioners 

to  set  off  the  wife's  third  part  October  12,  1779 

Oath  of  Office  December  6,  1779 

16.  Report  of  the  Commissioners  to  set  off  one  third 

December  6,  1779 
Decree  of  Court  February  8,  1780 

17.  Account  current  of  Joseph  Allen,  Agent,  Oath  of  Office 

and  allowance  by  Court  May  2,  1780 

18.  Report  of  Commissioners  to  examine  claims 

(  December  25,  1781 

(       January  1,  1782 

Order  of  Court  accepting  and  allowing  same  May  7,  1782 

19.  Certificate  of  claim  of  John  Erving  May  20,  1782 

20.  Certificate  of  claim  of  Edmund  Hood  May  20,  1782 

21.  Bond  of  Indemnity,  Benjamin  Greene  and  others 

May  20,  1782 

22.  Re-appointment  of  Commissioners  to  examine  claims 

January  10,  1783 

23.  Warrant  appointing  Samuel  Salisbury,  John  Nazro,  and 

Elijah  Dix  Commissioners  to  examine  claims 

February  6, 1783 

24.  Warrant  appointing  Daniel  Waldo,  John  Nazro,  and  Elijah 

Dix  Commissioners  to  examine  claims 

February  20,  1783 


CALENDAR  OF  PAPERS  ix 

Return  of  Commissioners  May  20,  1783 

Oath  of  Office  June  3,  1783 

Allowance  by  Court  October  7,  1783 

25.  Bond  of  Indemnity,  George  Bethune  et  als.    March  1,  1783 

26.  Decree  of  Court  allowing  return  of  Commissioners 

October  7,  1783 

27.  Account  of  Joseph  Allen,  Agent  [February,  1784] 
Blank  form  of  jurat  and  order  of  allowance  by  Court 

February  3,  1784 

28.  Receipt  for  Certificate  of  Claim  April  14,  1785 

29.  Certified  copy  of  resolve  of  Legislature  authorizing  appoint- 

ment of  Commissioners  to  examine  claim  of  Thaddeus 
and  William  Maccarty  June  15,  1785 

30.  Warrant  appointing  Daniel  Waldo,  Elijah  Dix,  and  John 

Nazro  Commissioners  to  examine  Maccarty  claims 

June  1,  1787 

Oath  of  Office  July  9,  1787 

Return  July  10,  1787 


TRANSCRIPT    OF   THE   COURT   RECORDS   AT   WORCESTER. 

Judgments  entered  in  two  cases  under  the  Confiscation  Act 

December  12,  1780 

31.  State  vs.  Chandler. 

Proceedings  instituted  by  Levi  Lincoln,  appointed  for  that 
purpose  by  the  Attorney-General,  against  John  Chan- 
dler, for  the  confiscation  of  the  Royalston  property. 

32.  State  vs.  Chandler. 

Proceedings  instituted  by  Levi  Lincoln,  appointed  for  that 
purpose  by  the  Attorney-General,  against  John  Chandler 
for  the  confiscation  of  certain  property  in  and  about 
Worcester. 

MASSACHUSETTS   ARCHIVES. 

33.  Certificate  of  the  Committee  of  Correspondence,  Safety,  and 

Inspection  of  Murrayfield  as  to  real  and  personal  estate  of 
Chandler  in  that  town  May  26,  1777 


X 


CALENDAR  OF  PAPERS 


34.  Certificate  of  Judge  of  Probate  as  to  Report  of  Commis- 

sioners to  examine  claims  against  the  estate 

May  8, 1782 

35.  Certificate  of  Judge  of  Probate  to  claim  of  George  Bethone 

May  20,  1782 

36.  Extract  from  Certificate  of  Register  of  Probate  as  to  names 

of  Agents  June  8,  1782 

37.  Certificate  of  Judge  of  Probate  as  to  report  of  Commis- 

sioners to  examine  claims  against  tbe  estate 

October  7, 1783 

38.  Statement  of  Account  of  Committee  for  the  Sale  of  Absen- 

tees' Estates  in  Worcester  County       April  20,  1784  (?) 

39.  Receipt  of  Gad  Peirce  no  date 

40.  Memorandum  of  Expenses   on   real  estate  purchased  by 

Levi  Lincoln,  etc.  no  date 

41.  Bill  of  Probate  Office  June  10,  1784 

42.  Report  of  Secretary  as  to  Warrants  drawn  on  Chandler's 

Estate. 

LONDON   TRANSCRIPTS. 

43.  Petition  to  Lord  Germaine  for  "  present  support " 

September  2,  1776 

44.  Petition  to  Lords  Commissioners  of  Treasury  for  increase 

February  17,  1779 

45.  Certificate  of  Robert  Auchmuty  October  29,  1782 

46.  Certificate  of  Thomas  Flucker  November  4,  1782 

47.  Certificate  of  Thomas  Gage  January  28,  1779 

48.  Certificate  of  Thomas  Hutchinson  January  28,  1779 

49.  Certificate  of  Thomas  Oliver  January  30,  1779 

50.  Certificate  of  Robert  Auchmuty  February  17,  1779 

51.  Minute  of  proceedings  of  Board  and  decision 

52.  Memorial  to  Commissioners  praying  for  compensation 

February  9,  1784 

53.  Schedule  of  Chandler's  property  annexed  to  Memorial 

February  9,  1784 

54.  Supplemental  Schedule  March  15, 1784 


CALENDAR  OF  PAPERS  xi 

55.  Affidavit  of  James  Putnam  to  loyalty  and  losses 

August  14,  1784 

56.  Affidavit  of  Joshua  Upham  to  loyalty  and  losses 

August  17,  1784 

57.  Affidavit  of  Abijah  Willard  to  loyalty  and  losses 

July  19, 1784 

58.  Affidavit  of  Ebenezer  Cutler  to  loyalty  and  losses 

August  18,  1784 

59.  Affidavit  of  Daniel  Murray  to  loyalty  and  losses 

August  17,  1784 

60.  Certified  copy  of  the  Worcester  Protest         June  24,  1774 

61.  Certificate  of  Gov.  Hancock  as  to  certain  County  Officers 

October  23,  1783 

62.  Certified  copy  of  writ  of  Habere  facias  possessionem  (Royal- 

ston  property),  Date  of  writ  January  24,  1781 

63.  Certified  copy  of  Judgment  Record,  Hampshire  County, 

Confiscation  suit,  entered  August,  1781 

64.  Certified   copy   of   Writ   of   Habere   facias   possessionem 

(Worcester  property)  January  24,  1781 

65.  Appointment  of  Worcester  appraisers  May  7,  1777 

66.  Inventory  of  Personal  and  Real  Estate  about  Worcester 

67.  Appointment   of   Leominster   appraisers,  October  6,  and 

their  return  October  8,  1778 

68.  Appointment  of  Royalston  appraisers,  October  6,  and  their 

return  November  28,  1778 

69.  Appointment  of  Hampshire  County  appraisers 

May  20, 1778 

70.  Return  of  Hampshire  County  appraisers 

December  3,  1778 

71.  Oath  of  Agent  March  17,  1779 

72.  Certificate  of  Register  of  Probate  October  21,  1783 

73.  Certified  copy  of  the  Judgment  Record  in  the  Royalston 

Confiscation  suit  December,  1780 

74.  Certified  copy  of  the  Judgment  Record  in  the  Worcester 

Confiscation  suit  December,  1780 

75.  Transcriber's  note  as  to  three  duplicates 


xii  CALENDAR  OF  PAPERS 

76.  Certificate  of  the  Proprietor's  Clerk  of  Murrayfield  as  to 

Chandler's  Interest  October  29,  1783 

77.  Certificate  of  Register  of  Deeds,  Hampshire  County,  as  to 

Chandler's  conveyances  October  31,  1783 

78.  Certificate  of  Register  of  Deeds,  Hampshire  County,  as  to 

conveyances  to  Chandler  October  31,  1783 

79.  Certificate  of  the  sale,  by  the  Committee,  of  the  Worcester 

County  estate  November  4,  1783 

80.  Letter  from  Chandler,  enclosing  Certificate  showing  sale  of 

Royalston  estate  October  11,  1785 

81.  Certificate  of  Governor  Bowdoin  as  to  member  of  Com- 

mittee June  9,  1785 

82.  Certificate  of  Committee  as  to  sale  of  Royalston  estate 

June  18,  1785 

83.  Certified  copy  of  Report  of  Committee  to  set  off  dower 

February  8,  1780 

84.  Letter  from  Chandler  asking  if  further  evidence  is  required 

November  10,  1785 

85.  Letter  from  Chandler  enclosing  certificates  as  to  sale  of  his 

property  February  28,  1786 

86.  Certificate  of  Governor  Bowdoin  as  to  members  of  Com- 

mittee January  3,  1786 

87.  Certificate  of  Committee  as  to  sale  of  Worcester  County 

property  December  27,  1785 

88.  Certificate  of  Committee  as  to  sale  of  Hampshire  County 

estate  November,  1783 

89.  Duplicate  of  88  November  3, 1783 

90.  Memorial  of  Chandler  praying  for  continuance  of  his  allow- 

ance during  absence  from  Great  Britain      May  1,  1787 

91.  Letter  from  Chandler  as  to  claims  against  his  estate 

August  30,  1788 

92.  Affidavit  of  Chandler  as  to  claims  against  his  estate 

August  30, 1788 

93.  Certified  copy  of  the  warrants  drawn,  claims  allowed,  and 

proceeds  of  sale  of  Chandler's  estate 

94.  Detailed  statement  as  to  claims  against  the  estate 

95.  Chandler's  review  of  the  detailed  statement 


CALENDAR  OF  PAPERS  xiii 

96.  Duplicate  of  letter  of   August  30,  and   enclosure.      En- 

dorsed November  6, 1788 

97.  Extract  from  Anstey's  Report 

98.  Extract  from  Alphabetical  list  October  31,  1787 

99.  Certified  copy  of  Account  current  with  Chandler's  estate 

October  31,  1786 

100.  Extracts  from  volume  83,  Audit  Office,  Loyalist  series 

101.  Final  report  of  Commissioners 


THE  CONFISCATION  OF  JOHN 
CHANDLER'S  ESTATE 


CHAPTER  I 

INTRODUCTORY 

AT  the  October  meeting  of  the  American  Anti- 
quarian Society,  1900,  a  letter,  written  in  1828  by 
Mrs.  Lucretia  (Chandler)  Bancroft  to  one  of  her 
daughters,  was  communicated.  This  letter  was  to  a 
certain  extent  autobiographical,  and  its  special  inter- 
est lay  in  the  picture  which  it  furnished  of  the  sud- 
den change  in  the  fortunes  of  the  Chandler  family 
caused  by  the  outbreak  of  the  Revolution.  In  its 
pages  we  catch  sight  of  the  flight  of  the  father, 
Colonel  John  Chandler  of  Worcester,  who  was  a 
loyalist ;  we  note  the  effects  upon  his  family  of  the 
seizure  of  his  property ;  and  we  cannot  fail  to  per- 
ceive the  responsibilities  and  sufferings  entailed  upon 
the  children  through  their  changed  circumstances. 
The  evident  grief  of  the  writer  of  the  letter  at  the 
separation  from  her  father,  whose  name  is  asso- 
ciated in  her  mind  with  reminiscences  of  domestic 
happiness  in  their  old  home,  and  is  ever  mentioned 
by  her  with  tender  regard  and  affectionate  respect, 


2  THE  CHANDLER  CONFISCATION 

must  arouse  the  sympathy  of  even  the  most  casual 
reader. 

In  a  paper  which  was  read  before  the  Society 
at  the  same  meeting,  Hon.  Horace  Davis  of  San 
Francisco  described  the  members  of  the  family 
referred  to  in  the  letter,  and  set  forth  at  some  length 
the  genealogy  of  the  Chandler  family  and  their 
connection,  through  the  various  offices  which  they 
had  held,  with  the  history  and  progress  of  Worces- 
ter County. 

A  paper  was  communicated  at  the  same  time  by 
myself,  which  was  entitled  "  Historical  Notes  on 
the  Letter,"  —  the  purpose  of  which  was  to  add 
certain  biographical  facts  concerning  the  writer  of 
the  letter,  and  also  such  information  as  I  could 
obtain  concerning  the  sequestration  of  the  estate. 
The  wealth  of  illustrative  material  bearing  upon  the 
seizure  of  the  property  which  was  disclosed  by  an 
examination  of  the  probate  files  of  Worcester  County 
led  to  the  incorporation  in  the  paper  of  an  account 
of  some  of  the  more  important  of  these  documents, 
and  an  analysis  of  the  laws  under  which  the  proceed- 
ings were  taken.  The  limitations  imposed  upon  a 
communication  at  a  meeting  of  this  sort  necessarily 
prevented  more  extended  work  in  this  direction,  and 
lack  of  space  in  the  pages  of  the  published  proceed- 
ings precluded  the  idea  of  furnishing  copies  of  the 
original  papers.  Moreover,  it  was  known  that  there 
were  many  documents  in  London  bearing  upon  the 
case,  from  which  additional  information  could  un- 
doubtedly be  obtained,  so  that  the  publication  then 


INTRODUCTORY  3 

of  the  material  at  hand  would  have  resulted  in  a 
work  avowedly  incomplete. 

Copies  of  these  London  documents  were  subse- 
quently forwarded  to  the  American  Antiquarian 
Society  by  the  late  Benjamin  F.  Stevens,  and  through 
these,  in  connection  with  the  documents  on  file  in 
Worcester,  the  opportunity  is  now  afforded  to  trace 
the  history  of  the  various  proceedings  against  the 
Chandler  estate,  and  simultaneously  to  identify  with 
reasonable  certainty  the  several  resolves  or  acts 
under  authority  of  which  the  different  steps  were 
taken.  The  documentary  evidence  bearing  upon 
the  seizure  and  confiscation  of  the  estates  of  loyal- 
ists which  has  been  preserved  in  Massachusetts  is  so 
full  that  it  is  quite  possible  there  may  be  other 
cases  in  which  the  accessible  papers  would  furnish 
equally  vivid  object-lessons  of  the  application  of  this 
legislation,  and  in  which  an  examination  of  the 
resolves  furnishing  authority  for  the  official  action 
would  as  well  bring  out  the  various  features  which 
the  historian  might  consider  of  importance. 

One  of  the  most  interesting  points  suggested  by 
an  analysis  of  this  legislation  is  the  contest  between 
those  lawmakers  who  at  the  outset  would  have 
thrown  off  all  restraint,  and  those  more  conservative, 
who  so  shaped  the  earlier  legislation  of  this  sort 
that  in  its  phraseology,  at  least,  it  would  have  been 
justifiable  in  case  of  a  reconciliation  with  Great 
Britain.  It  is  possible,  indeed,  that  the  case  of  some 
refugee  nearer  Boston  would,  by  its  closer  touch 
with  the  circumstances  which  led  to  some  of  this 


4  THE  CHANDLER  CONFISCATION 

early  legislation,  bring  forth  with  greater  force  the 
phase  last  alluded  to,  but  it  is  not  likely  that  any 
case  will  better  illustrate  the  various  points  involved 
in  the  general  legislation  on  the  subject. 

It  was  doubtless  true  that  so  long  as  the  legisla- 
tive body  styled  itself  a  Provincial  Congress,  it  still 
regarded  the  local  government  as  subordinate  to 
Great  Britain.  Nor  did  the  change  in  name  to  a 
Colonial  Assembly  carry  with  it  any  idea  of  separa- 
tion from  the  Crown.  Caution  was  therefore  natu- 
ral in  the  legislation  of  the  provincial  and  of  the 
colonial  periods,  and  it  is  not  surprising  to  find  that 
in  many  of  the  resolves  ordering  the  seizure  of  the 
property  of  loyalists,  there  is  an  underlying  idea  of 
a  possible  future  accounting.  Why  this  state  of 
mind  should  have  survived  after  the  abandonment 
of  the  colonial  theory,  even  though  the  State  for 
a  time  did  not  adopt  a  constitution,  is  not  clear, 
yet  it  was  not  until  1779  that  the  Confiscation  Act 
was  passed,  although  the  seizure  and  sale  of  the  per- 
sonal property  and  the  appropriation  of  the  rents 
derivable  from  the  real  estate  were  in  the  mean  time 
accomplished  through  various  resolves,  which  were 
ultimately  superseded  by  an  act  which  was  euphe- 
mistically entitled  "An  Act  to  prevent  the  waste, 
destruction,  and  embezzlement  of  the  goods  or 
estates  of  such  persons  who  have  left  the  same  and 
fled  to  our  enemies  for  protection;  and  also  for 
payment  of  their  just  debts  out  of  their  estates." 

The  first  of  the  papers  connected  with  the  Chan- 
dler case  is  dated  April  18,  1777,  but  references  in 


INTRODUCTORY  5 

subsequent  papers  to  anterior  events  show  that 
before  the  passage  of  the  act  to  prevent  the  waste, 
destruction,  and  embezzlement  of  the  goods  or 
estates  of  refugees,  the  property  of  Chandler  in 
Worcester  had  been  seized  by  the  committee  of 
correspondence. 

Thus  we  have  proceedings  inaugurated  under 
authority  conferred  by  the  resolves  passed  prior  to 
this  act,  and  as  we  examine  the  papers  in  their 
chronological  arrangement,  we  find  steps  taken  which 
illustrate  not  only  every  section  of  the  act,  but  also 
the  amendments  to  it,  until  finally  we  reach  the  pro- 
ceedings under  the  Confiscation  Act  and  the  sale  of 
the  real  estate. 

There  can  be  but  little  doubt  that  a  review  of 
these  proceedings,  accompanied  by  copies  of  the 
original  papers,  will  be  of  value  to  historical  stu- 
dents. Some  interest  will  naturally  be  excited  in  the 
fate  of  the  victim  of  these  proceedings  who,  driven 
from  Worcester  by  the  ill  usage  of  his  fellow  towns- 
men and  prohibited  by  legislation  from  returning  to 
his  former  home,  died  a  lonely  exile  in  London. 
Although  but  little  is  known  of  his  career  after  he 
went  to  London,  we  can  learn  something  about  him, 
and  such  information  as  is  at  hand  will  be  found 
in  the  next  chapter. 


CHAPTER  II 

JOHN    CHANDLER,  LOYALIST 

THE  branch  of  the  Chandler  family  to  which 
belonged  the  refugee  whose  fortunes  we  are  follow- 
ing settled  in  Woodstock,  then  a  part  of  Massachu- 
setts. There  were  four  Johns  in  succession,  and  it 
was  through  the  energy  of  the  first  of  them  that 
the  family  fortunes  began  to  rise.  The  progenitor, 
William  Chandler  of  Roxbury,  seems  to  have  been 
incapable  of  taking  care  of  himself.  It  was  under 
his  son  John  that  the  move  to  Woodstock  was  made, 
and  it  was  due  to  his  thrift  that  the  second  John 
had  a  fair  start  in  life. 

In  the  paper  communicated  to  the  American  Anti- 
quarian Society,  which  has  already  been  referred  to, 
Hon.  Horace  Davis  says  of  the  latter :  "  He  accumu- 
lated a  comfortable  property ;  he  represented  Wood- 
stock in  the  General  Court,  and  served  in  the  Indian 
Wars  with  some  distinction  as  Major  and  Colonel. 
When  Worcester  County  was  formed  in  1731,  he  was 
made  Probate  Judge  and  Chief  Justice  of  the  Court 
of  Common  Pleas,  and  he  was  for  seven  years  a 
member  of  the  Governor's  Council." 

Of  his  personality  we  have  but  a  shadowy  outline, 
but  chance  has  preserved  for  us  an  address  made  by 


JOHN  CHANDLER,  LOYALIST  7 

him  to  the  Grand  Jury  on  the  5th  of  February,  1734, 
at  the  first  court  of  general  sessions  held  in  the  first 
court  house  built  by  the  county  of  Worcester.  An 
account  of  the  proceedings  on  that  occasion  is  given 
in  the  "  Weekly  Kehearsal "  of  February  18.  The 
speaker,  whose  identity  with  Hon.  John  Chandler  of 
Woodstock  was  established  by  Rev.  Dr.  Bancroft,1 
was  evidently  a  man  of  some  cultivation.  He  ap- 
proaches the  subject  of  the  dedication  of  the  build- 
ing in  an  apologetic  tone,  as  if  he  feared  that  his 
participation  in  the  affair  might  be  construed  into 
an  approval  of  "  the  superstitious  custom  used  by 
many  in  the  world,  of  dedicating  or  consecrating  to 
saints  or  angels,  places  built  for  public  use  and 
service."  His  opinion  was  that  they  should  dedi- 
cate themselves  to  the  service  of  God.  He  praised 
the  new  court  house,  which,  he  says,  exceeds  "  so 
many  others  in  the  Province  built  for  the  like  ser- 
vice, in  the  capaciousness,  regularity,  and  workman- 
ship thereof."  He  quotes  from  the  Old  Testament, 
asking  the  gentlemen  of  the  jury  wherein  they  "  can 
be  better  instructed  than  in  the  charge  given  by 
Moses,  at  the  command  of  God,  to  the  officers  of 
the  tribes  of  Israel,"  and  he  winds  up  his  charge  to 
the  jury  with  a  stated  approval  of  their  past  con- 
duct, which,  however,  he  cautiously  qualifies  with 
the  limitation,  "  as  far  as  I  have  observed." 

This  brief  speech  enables  us  to  get  a  much  clearer 
conception  of  the  man  than  is  to  be  derived  from 

1  See  sermon  delivered  January  6,  1811,  published  in  Worcester, 
1811,  note  a. 


8  THE  CHANDLER  CONFISCATION 

the  mere  rehearsal  of  the  offices  that  he  held,  or 
from  any  narrative  of  his  life  which  can  be  con- 
structed from  the  events  known  to  us  in  connection 
therewith. 

With  reference  to  the  career  of  the  third  John, 
Mr.  Davis  says  that  he  "  moved  to  Worcester,  where 
he  held  pretty  much  every  office  in  the  County.  He 
was  Selectman,  Town  Treasurer,  County  Treasurer, 
Sheriff,  Register  of  Probate,  Register  of  Deeds, 
Probate  Judge,  Chief  Justice  of  County  Courts, 
Representative  to  the  General  Court,  Colonel  in 
the  Militia,  and  a  member  of  the  Governor's  Council. 
He  was  also  appointed  by  Governor  Shirley,  in  1754, 
a  delegate  to  the  proposed  congress  designed  to 
concert  measures  for  the  union  of  the  British  Ameri- 
can Colonies.  He  died  in  1762,  wealthy  and  full  of 
honors.  In  him  the  family  reached  its  zenith." 

In  further  evidence  of  the  prominent  position 
which  he  occupied  in  public  affairs,  it  may  be  men- 
tioned that  he  was  one  of  the  three  commissioners 
named  by  the  assembly  in  the  "  Act  for  the  more 
speedy  finishing  of  the  Land  Bank  or  Manufactory 
Scheme,"  which  act  was  passed  by  the  General 
Court,  January  15,  1742-43.  This  office  he  ac- 
cepted, but  the  labor  connected  with  it  was  found 
to  be  much  more  irksome  than  was  anticipated, 
and  the  performance  of  the  duties  was  practically 
incompatible  with  a  residence  in  Worcester.  He 
therefore  resigned  very  soon  after  the  organization  of 
the  commission.  He  also  held  for  a  number  of  years 
the  office  of  Clerk  of  Courts  for  Worcester  County. 


JOHN  CHANDLER,   LOYALIST  9 

His  son  John,  the  fourth  of  that  name,  was  the 
refugee.  He  was  born  February  26, 1720-21.  To 
quote  again  from  the  paper  of  Hon.  Horace  Davis, 
"  He  was  Selectman,  Town  Treasurer,  Town  Clerk, 
County  Treasurer,  Sheriff,  Judge  of  Probate,  and 
Representative  to  the  General  Court.  He  was  also 
Colonel  of  the  Worcester  Regiment,  and  in  1757 
saw  active  duty  in  that  capacity." 

«  Up  to  1774,"  adds  Mr.  Davis,  «  Chandler's  life 
had  been  one  of  almost  unbroken  prosperity,  but 
when  the  storm  of  rebellion  against  England  broke 
out,  his  loyalist  sentiments  brought  him  into  angry 
opposition  to  popular  feeling,  and  he  was  com- 
pelled to  leave  home  and  family  and  retire  to  Boston. 
When  Boston  fell  into  the  hands  of  the  Continental 
Army,  he  fled  to  Halifax,  and  thence  to  London, 
where  he  spent  the  rest  of  his  lif e,  twenty-four  years. 
This  experience  gave  him  in  Worcester  the  nick- 
name of  i  Tory  John,'  while  in  England  he  was 
called  the  '  Honest  Refugee,'  because  of  the  mod- 
esty of  his  claims  against  the  British  Government 
for  losses  sustained  by  reason  of  his  loyalty."  In 
addition  to  the  offices  above  enumerated,  Colonel 
Chandler  was  for  many  years  a  member  of  His 
Majesty's  Council,  and  held  at  the  time  of  the  out- 
break a  commission  in  the  Court  of  General  Sessions 
of  the  Peace. 

In  the  fall  of  1774,  when  the  bitterness  of  feeling 
engendered  by  the  political  contest  then  going  on 
between  the  tories  and  those  who  subsequently  were 
denominated  the  "  patriots "  became  so  strong  that 


10  THE  CHANDLER  CONFISCATION 

discussion  was  abandoned  and  threats  against,- and 
sometimes  personal  violence  upon,  the  weaker  party 
were  substituted,  John  Chandler  was  living  in  com- 
fort in  his  spacious  homestead  in  Worcester.  Up  to 
that  time  his  life  had  been  not  only  uniformly  pros- 
perous, but  entirely  free  from  serious  trouble.  From 
his  father  he  must  have  inherited  considerable  pro- 
perty. The  various  offices  which  he  held  furnished 
revenue,  and  in  addition,  he  was  interested  in  a 
store,  the  profits  of  which  increased  his  income.  He 
owned  several  farms  in  the  immediate  vicinity  of 
Worcester,  all  of  which,  under  the  circumstances  of 
life  then  existing  in  Worcester  County,  were  easily 
to  be  rented.  One  of  these  farms  he  retained  for 
his  own  use,  and  from  it  he  could  readily  supply  his 
household  with  a  large  part  of  the  food  necessary  in 
an  establishment  conducted  upon  so  generous  a 
scale.  His  daughter  says  in  the  letter  communicated 
to  the  American  Antiquarian  Society  that  he  dis- 
tributed his  bounties  among  those  of  his  fellow  citi- 
zens who  needed  help,  including,  indeed,  among  the 
beneficiaries  some  of  those  who  afterwards  joined  in 
making  life  in  Worcester  impossible  for  him.  There 
can  be  but  little  doubt  that  if  he  had  died  before 
the  crisis  came,  he  would  have  left  behind  him  the 
reputation  of  an  honored  citizen  who  was  well  be- 
loved by  his  friends  and  neighbors. 

From  the  letter  referred  to  above,  we  learn  that 
there  were  about  fifteen  beds  to  be  made  up  each 
day  in  the  Chandler  household.  In  a  petition  pre- 
sented by  Chandler  to  the  Lords  Commissioners  of 


JOHN  CHANDLER,  LOYALIST  11 

the  Treasury,  the  statement  is  made  that  the  peti- 
tioner left  behind  him  sixteen  children.  The  oldest 
of  the  sixteen  was  then  a  man  upwards  of  thirty 
years  of  age,  and  while  it  is  clear  that  most  of  the 
children  were  then  living  at  the  old  home,  it  is  not 
probable  that  all  of  them  were.  Be  that  as  it  may, 
the  household  was  evidently  a  large  one,  and  though 
it  is  quite  certain  that  in  a  New  England  country 
home  the  younger  members  of  the  household  would 
have  been  called  upon  to  assist  in  taking  care  of  the 
house,  still  so  large  a  family  required  servants.  The 
actual  staff  is  stated  in  the  letter  to  have  been  a 
good  cook,  a  second  woman  for  chamber  work,  a 
girl  to  tend  the  youngest  child,  and  a  black  girl 
trained  to  table  service  and  household  work.  The 
house  was  liberally  furnished,  as  is  evident  from  the 
inventory  made  at  the  time  of  the  appraisal  of  the 
personal  property,  even  though  the  plate,  the  linen, 
and  the  library,  previously  concealed,  do  not  appear 
in  it.1  Mrs.  Chandler  had  lawns  and  laces,  and  a 
special  woman  to  care  for  them  and  for  the  linen. 

These  facts,  gathered  from  the  letter,  furnish  us 
with  an  idea  of  the  character  of  the  home  to  which 
the  father  of  the  family  was  accustomed  to  come 
each  day  to  his  midday  meal,  and  to  which  he  re- 
turned every  afternoon  at  the  close  of  his  labors. 
We  can  also  from  the  same  source  obtain  a  glimpse 
of  the  household  life,  and  can  see  the  colonel,  as  he 

1  These  things  were  undoubtedly  sent  to  Boston.  Sabine  says  in 
his  Loyalists  that  Colonel  Chandler  derived  his  means  of  support 
while  in  Boston  from  the  sale  of  the  silver. 


12  THE  CHANDLER  CONFISCATION 

was  generally  styled,  seated  by  the  fireside  smoking 
his  pipe  and  caressing  his  little  daughter.  His  daily 
after-dinner  glass  of  wine  recalls  the  customs  of  the 
times,  and  hints  at  the  possibility  of  more  copious 
indulgence  when  the  hospitable  dinner-table  was  sur- 
rounded by  guests.  From  various  sources  we  have 
evidence  of  the  affectionate  and  confiding  nature  of 
the  ties  which  bound  the  family  together,  and  of  the 
tender  relations  which  existed  between  the  refugee 
himself  and  his  wife. 

Such  was  the  home  which  fidelity  to  political 
principles  compelled  Chandler  to  abandon,  and  such 
were  the  happy  circumstances  of  life  from  which  he 
was  obliged  to  tear  himself,  unless  he  would  give 
adhesion  to  the  new  ideas  promulgated  by  a  party 
with  which  he  had  no  sympathy.  It  was  natural 
that  he  should  be  a  loyalist.  It  was  inevitable  that, 
as  the  time  of  actual  outbreak  approached  and  party 
lines  were  drawn  tighter  and  tighter,  the  patriots 
should  entertain  towards  him  some  of  the  feelings 
of  abhorrence  with  which  tories  were  then  regarded. 
The  decline  of  his  popularity  with  his  fellow  citizens 
could  not,  under  these  circumstances,  have  been 
avoided.  In  his  case,  however,  matters  were  brought 
to  a  crisis  by  two  acts  committed  by  him,  which 
aroused  the  indignation  of  his  fellow  townsmen  of 
the  revolutionary  party,  and  in  the  end  brought 
humiliation  upon  him  and  upon  aU  who  were  asso- 
ciated with  him  in  the  commission  of  these  acts. 
The  first  of  these  was  the  signing  of  an  address 
to  Governor  Gage ;  the  second,  the  signing  of  the 


JOHN  CHANDLER,   LOYALIST  13 

famous  protest  by  the  Worcester  tories  against  the 
proceedings  of  their  fellow  citizens  of  the  patriot  v 
party,  and  especially  against  the  acts  of  the  Worces- 
ter committee  of  correspondence. 

There  was  no  reason  for  him  to  suspect  the  im- 
portant results  which  would  follow  from  his  joining 
in  the  address  to  Gage,  but  the  signing  of  the  pro- 
test carried  with  it  inevitably  the  consequence  that 
it  would  irritate  and  annoy  a  preponderant  majority 
of  his  fellow  townsmen,  already  greatly  excited  and 
in  a  turbulent  mood.  Lincoln  characterizes  this 
protest  as  "  one  of  the  boldest  and  most  indignant 
remonstrances  of  the  friends  of  royal  government 
among  the  productions  of  the  times." l 

Clark  Chandler,  a  son  of  Colonel  Chandler,  the 
town  clerk,  who  enrolled  it  upon  the  records,  was  , 
compelled  publicly  to  expunge  it,  and  was  publicly 
admonished  for  recording  it.  Not  content  with  this, 
the  revolutionary  party  brought  the  matter  before 
"  The  Committees  of  Correspondence  and  delegates 
of  the  several  towns  met  in  Convention,"  and  it  was 
"  Voted :  That  three  persons  be  chosen  a  commit- 
tee to  acquaint  John  Chandler,  Esq.  and  the  other 
protesters,  that  they  must  follow  after  the  judges 
through  the  ranges  [ranks  ?  ]  of  the  body  of  the 
people;  and  that  they  go  immediately  after  the 
judges  and  read  their  recantations." 2 

Lincoln  describes  the  enforcement  of  this  extraor- 
dinary punishment  in  the  following  words :  "  The 

1  This  protest  is  to  be  found  among  the  London  transcripts,  post. 

2  Journals  Prov.  Cong,  and  Com.  of  Safety,  etc.,  pp.  635,  636. 


14  THE  CHANDLER  CONFISCATION 

signers  of  the  protest  had  heen  informed  by  the 
committee  of  correspondence  that  apology  for  their 
opposition  would  be  required  from  them.  Forty- 
three  of  them  had  met  the  evening  previous  *  to  this 
visitation  at  the  King's  Arms  Tavern,  and  having 
subscribed  an  acknowledgment  of  error  and  repent- 
ance and  received  an  instrument  purporting  to  restore 
them  to  favor,  and  insuring  protection,  they  had 
mixed  in  the  crowd,  unsuspicious  of  any  insult. 
Those  who  appeared  were  collected  by  the  revolu- 
tionary magistrates,  and  on  the  arrival  of  Mr.  Paine, 
were  escorted  through  the  ranks,  halting  at  every 
few  paces  to  listen  to  the  reading  of  their  several 
confessions  of  political  transgression.  Having  thus 
passed  in  review  and  suffered  some  wanton  outrage 
of  feeling,  in  addition  to  the  humiliation  of  the 
procession,  they  were  dismissed." 

The  same  convention  which  had  decreed  this  de- 
grading ceremonial  as  a  punishment  for  the  expres- 
sion, in  dignified  phrase,  of  a  set  of  political  opin- 
ions, also  voted,  on  the  following  day,  to  accept  the 
acknowledgment  made  by  six  citizens,  of  whom  John 
Chandler  was  one,  "  for  aspersing  the  people  of  this 
county,  in  a  late  address  to  Governor  Gage."  They 
also  voted :  "  That  the  Justices  who  addressed  Gov- 
ernor Gage  at  the  last  session  of  the  Court  be  brought 
before  the  convention  and  make  and  sign  a  declara- 
tion in  writing,  of  the  inadvertence  of  their  proceed- 
ings." The  record  then  goes  on,  "Which  is  done, 
and  the  declaration  is  as  follows :  — 

i  August  21, 1774. 


JOHN  CHANDLER,   LOYALIST  15 

"  Whereas  the  Committee  in  Convention  have  expressed  their 
uneasiness  to  a  number  of  the  justices  of  the  common  pleas  and 
general  sessions,  now  present  in  the  Convention,  who,  in  an 
address  to  Governor  Gage,  at  their  session  in  June  last,  as- 
persed the  people  of  this  County ;  these  justices,  in  the  presence 
of  the  Convention  frankly  declare,  that  they  precipitately  entered 
into  the  measure ;  they  are  sorry  for  it ;  and  they  disclaim  any 
intention  to  injure  the  character  of  any;  and  were  the  same 
measure  again  proposed,  they  would  reject  it." 

John  Chandler  was,  under  compulsion,  one  of  the 
signers  of  this  document.1 

Lincoln,  speaking  of  the  situation  of  the  royalists 
at  that  time,  says  :  "  Most  of  the  protesters  had  been 
induced  to  make  a  submission.  Some  who  refused 
were  waylaid  and  cruelly  beaten.  A  few  remained 
obstinate  and  finally  retired  into  exile.  Others,  un- 
able to  separate  themselves  from  their  friends  and 
country  and  to  sacrifice  all  they  held  dear,  were 
persecuted  into  compliance  with  the  public  will,  and 
at  length  purchased  safety  for  person  and  property 
by  soliciting  forgiveness  in  terms  more  humiliating 
in  proportion  to  the  time  it  was  deferred." 2 

The  condition  of  affairs  portrayed  in  the  events 
which  have  just  been  described  brought  vividly  be- 
fore Chandler  the  impossibility  of  his  remaining  with 
safety  longer  in  Worcester.  His  daughter  puts  it 
that  he  was  not  willing  to  live  in  altercation  with 
those  around  him,  but  this  is  hardly  strong  enough 
to  cover  the  situation.  An  officeholder  and  the 
son  of  an  officeholder,  who  had  been  bred  with  the 

1  Journals  Prov.  Cong.,  etc.,  p.  638. 

3  Lincoln's  History  of  Worcester,  Hersey's  reprint,  p.  90. 


16  THE   CHANDLER  CONFISCATION 

belief  that  loyalty  was  a  duty,  he  could  not  perma- 
nently sacrifice  his  opinions,  even  though,  to  escape 
violence  at  the  hands  of  a  mob,  he  had  purchased 
temporary  safety  by  signing  a  recantation.  He, 
therefore,  in  the  fall  of  1774,  sought  protection 
in  Boston,  where  he  remained  upwards  of  sixteen 
months.  While  there  he  was  enrolled  in  a  company 
of  loyalists,  and  cheerfully  did  military  duty  in  de- 
fence of  the  town.  When  Boston  was  evacuated,  he 
accompanied  the  British  troops  to  Halifax.  In  July, 
1776,  he  went  to  England,  and  from  that  time  down 
to  November,  1786,  he  remained  uninterruptedly 
in  London.  During  this  interval  the  possibility  of 
his  ever  being  permitted  to  return  to  his  family 
was  removed  by  the  passage  in  October,  1778,  of 
the  "Act  to  prevent  the  return  to  this  state  of  cer- 
tain persons  therein  named,"  etc.  John  Chandler 
and  Rufus  Chandler,  his  son,  were  therein  named. 
If  they  should  return  in  spite  of  the  act,  sheriffs, 
committees  of  correspondence,  grand  jurors,  consta- 
bles, tithingmen,  and  other  inhabitants  of  the  town 
to  which  they  might  come  were  empowered  and 
directed  to  apprehend  them  and  take  them  before  a 
justice  of  the  peace,  who  in  turn  was  directed  to  put 
them  in  jail  until  they  could  be  deported.  If  they 
should  venture  to  return  a  second  time,  the  penalty 
was  death. 

Colonel  Chandler  was  accompanied  in  his  exile  by 
his  son,  Rufus.  In  1784,  he  wrote  to  his  daughter, 
Lucretia,  "  Your  brother  Rufus  lives  in  my  neigh- 
borhood. We  dine  together  every  day.  It  is  a 


JOHN  CHANDLEK,   LOYALIST  17 

comfort  to  me."  This  letter  is  full  of  tender  grief 
for  his  lost  wife,  whose  death  had  taken  place  about 
six  months  before,  and  of  gratitude  to  his  sons  for 
their  care  of  his  daughters.  It  closes  with  a  para- 
graph which  will  bear  the  interpretation  that,  not- 
withstanding the  "  Act  to  prevent  the  return,"  etc., 
he  still  had  a  faint  hope  that  he  might  be  permitted 
some  day  to  rejoin  his  family.  "  I  long,"  he  says, 
"  for  the  happy  day  when  I  may  see  all  my  dear 
children,  but  whether  I  am  to  be  so  happy,  time  must 
determine.  Pray  God  bless,  keep,  and  preserve  you. 
My  love  to  all  my  near  and  dear  connections." 

On  the  25th  of  July,  1786,  he  received  permission 
from  the  commissioners  for  inquiring  into  losses  by 
American  loyalists  to  receive  for  a  period  of  twelve 
months  his  allowance  for  temporary  support,  during 
absence  from  Great  Britain.  Fortified  with  this 
assurance  that  his  only  means  of  livelihood  would 
not  be  jeopardized  by  the  step,  he  went  to  Nova 
Scotia,  where  he  arrived  in  November,  1786.  The 
permit  to  receive  the  allowance  while  absent  from 
Great  Britain  was  for  twelve  months  only.  In 
May,  1787,  being  then  in  Halifax,  he  petitioned  for 
an  extension  of  the  permit  for  another  twelve  months. 
In  this  petition  he  states,  "  That  being  an  old  man, 
aged  more  than  sixty-six  years,  he  did  not  leave 
England  with  any  intention  of  doing  business,  and 
wishes  to  remain  in  Nova  Scotia  only  for  the  purpose 
of  being  with  his  children,  having  two  sons  in  that 
province  and  a  daughter  married  to  a  Mr.  Putnam 
of  New  Brunswick." l 

1  The  petition  is  among  the  London  transcripts,  post. 


18  THE  CHANDLER  CONFISCATION 

His  son  Rufus  accompanied  him  on  this  trans- 
atlantic trip.  The  dependent  condition  of  the  father 
and  son  being  distasteful  to  them,  they  went  to 
Halifax,  expecting  that  Rufus  would  be  able  to  open 
a  lawyer's  office  and  earn  a  living.  By  this  time 
(May,  1787)  they  had  made  up  their  minds  that  this 
was  impracticable,  and  were  about  to  start  for  An- 
napolis to  see  what  chance  there  was  in  that  place.1 

A  letter  from  Colonel  Chandler  dated  Annapolis 
Royal,  August  30,  1788,  a  copy  of  which  is  given 
hereafter  among  the  London  transcripts,  shows  that 
if  they  went  to  Annapolis  when  they  expected  to, 
they  stayed  there  upwards  of  fifteen  months.  Shortly 
after  this  they  must  have  returned  to  London,  as  the 
extension  of  the  permit  to  receive  the  allowance 
during  absence  from  Great  Britain,  which  was  granted 
upon  petition,  was  limited  to  the  10th  of  October, 
1788. 

Colonel,  or  as  he  was  sometimes  called  Judge, 
Chandler  died  in  London,  September  26,  1800,  and 
was  buried  at  Islington.  His  death  called  forth  the 
following  obituary  in  the  "  Gentleman's  Magazine  " 
for  October,  1800 :  "  In  Edgeware-road,  John  Chan- 
dler, Esq.,  an  American  loyalist,  who  from  his 
attachment  to  the  good  order  and  peace  of  society, 
and  affection  to  the  British  Constitution,  left  his 
country,  a  numerous  family,  and  affluent  estate,  and 
took  refuge  in  Great  Britain.  Fully  convinced  of 
the  truth  and  propriety  of  an  observation  of  an 
antient  writer  :  '  Fear  thou  the  Lord  and  the  King, 

1  Letter  of  Rufus,  N.  E.  Hist,  and  Gen.  Reg.,  vol.  xxiv.  p.  247. 


JOHN  CHANDLER,   LOYALIST  19 

and  meddle  not  with  them  that  are  given  to  change,' 
he  exemplified  it  by  a  pious  and  loyal,  a  peaceful 
and  inoffensive  conduct;  and  died,  at  eighty,  an 
honest  man,  a  good  member  of  society,  and  a  pious 
Christian." 

Peter  Whitney,  when  he  published  his  "  History 
of  the  County  of  Worcester  "  in  1793,  was  too  close 
to  the  Revolution  to  say  anything  in  favor  of  Tory 
John,  who  was  still  alive,  but  he  thus  speaks  of  the 
family :  — 

"  The  Town  of  Worcester  in  particular  and  the 
County  of  Worcester  at  large  were  originally  greatly 
indebted  to  the  Hon.  John  Chandler,  Esq.  of  Wood- 
stock, the  first  judge  in  the  County,  and  his  son,  the 
first  Col.  John  Chandler  of  Worcester,  who,  in  pro- 
cess of  time  succeeded  his  father  in  all  his  offices, 
titles  and  honors,  for  their  address,  activity  and  en- 
terprise. And  their  names  ought  to  be  held  in 
grateful  remembrance." 

Just  prior  to  the  appointment  in  London  of  com- 
missioners to  investigate  the  claims  of  American 
loyalists,  the  Board  of  Treasury  made  an  independ- 
ent investigation.  In  their  decision  of  Chandler's 
case  they  say :  "  This  gentleman  was  in  a  most  re- 
spectable situation  in  life  and  has  been  spoken  well 
of,  by  every  one  who  has  spoken  of  him  at  all." * 

1  This  opinion  was  based  upon  the  certificates  to  character  and  losses 
filed  with  the  Board.  They  were  furnished  by  ten  well-known  men, 
among  whom  were  Governor  Hutchinson,  General  Gage,  Thomas 
Flucker,  at  one  time  secretary  of  the  Province,  Thomas  Oliver,  and 
Robert  Auchmuty.  The  certificates  of  these  gentlemen,  with  others, 
are  to  be  found  in  the  London  transcripts,  post. 


20  THE  CHANDLER  CONFISCATION 

Joseph  Willard,  in  his  address  before  the  members 
of  the  bar  in  1829,  speaks  of  the  distinguished  fam- 
ily of  the  name  of  Chandler  "  who  had  had  extensive 
and  almost  unbounded  sway  in  the  County,  ab  primo 
origine." 

William  Lincoln,  in  his  "  History  of  Worcester," 
says  of  John  Chandler :  "  He  .was  cheerful  in  tem- 
perament, engaging  in  manner,  hospitable  as  a  citizen, 
friendly  and  kind  as  a  neighbor,  industrious  and 
enterprising  as  a  merchant,  and  successful  as  a  man 
of  business." 

Jonathan  Peele  Dabney,  in  the  "  Christian  Exam- 
iner," in  July,  1847,  said :  "  The  Hon.  John  Chan- 
dler of  Worcester,  whose  sons  and  daughters  were  as 
numerous  as  those  of  his  royal  master,  and  with 
whose  family  every  other  leading  family  of  the 
region  was  proud  to  entwine  itself  by  marriage  alli- 
ance, sleeps  far  away  from  the  town  and  shire  of 
whose  honors  he  had  almost  the  monopoly,  and  the 
very  name  had  there  died  out,  as  we  learn  from 
Lincoln,  a  full  generation  ago." 

Lorenzo  Sabine,  in  his  "  Loyalists,"  says  :  "  The 
late  President  Dwight  spoke  of  Colonel  Chandler 
and  his  family  as  distinguished  for  talents  and 
virtue." l 

The  American  Antiquarian  Society  possesses  a 
portrait  of  Colonel  Chandler.  A  steel  engraving  of 
this  portrait  was  prepared  for  Dr.  Chandler's  family 
genealogy,  and  the  same  plate  was  used  for  the 
illustration  of  Hersey's  reprint  of  Lincoln's  "  His- 

1  Sabine's  Loyalists,  vol.  i.  p.  303. 


JOHN  CHANDLER,  LOYALIST  21 

tory  of  Worcester."  The  engraving  bears  the  date 
of  1764,  and  gives  Chandler's  age  as  fifty-three. 
Without  stopping  to  analyze  these  figures,  I  assumed 
in  my  paper  before  the  American  Antiquarian  So- 
ciety at  the  October  meeting,  1900,  that  they  were 
correct,  and  said  that  although  the  portrait  depicted 
a  man  whose  career  theretofore  had  been  absolutely 
free  from  care,  and  whose  relations  with  his  family 
were  shown  by  the  repeated  references  in  his  daugh- 
ter's letter  to  the  affectionate  manner  in  which  he 
treated  her,  still  the  impression  derived  as  to  the 
state  of  mind  of  the  subject  from  the  contemplation 
of  the  portrait  was  that  of  sadness.  To  this  I  added, 
"  If  the  picture  had  been  painted  a  few  years  later, 
one  could  understand  this,  for  the  time  came  when 
his  loyalty  to  the  government  converted  this  wealthy 
officeholder  into  a  proscribed  fugitive,  whose  right 
to  tread  Massachusetts  soil  was  by  special  legislation 
denied  him,  while  his  wife,  if  she  would  avail  herself 
of  the  dower  rights  set  out  from  his  property  for  her 
support,  was  compelled  to  remain  within  the  limits 
of  the  United  States."  I  have  since  been  informed 
by  my  brother,  Hon.  J.  C.  Bancroft  Davis,  that  the 
picture  was  painted  in  London.  This  of  course  fully 
accounts  for  the  sad  expression  which  it  bears.  An 
examination  of  the  inscription  on  Dr.  Chandler's 
engraving  shows  that  there  is  an  error  of  ten  years 
either  in  the  date  or  the  age.  Judge  Chandler  was 
born  in  February,  1720-21,  and  his  fifty-fourth 
year  would  have  fallen  in  1774,  a  year  full  of 
troubles  and  not  a  time  for  portrait  painting. 


22  THE  CHANDLER  CONFISCATION 

We  have  followed  the  course  of  the  exile  to  the 
end.  A  word  remains  to  be  said  concerning  the 
fortunes  of  the  family.  For  a  little  over  two  years 
it  would  seem  that  they  were  left  in  possession  of 
the  estate.  Then  the  personal  property  was  seized, 
and  possession  was  taken  of  the  real  estate  in  the 
vicinity  of  Worcester  by  the  local  committee  of 
correspondence  and  inspection.  A  portion  of  the 
household  goods  was  assigned  to  the  use  of  the 
family,  and  the  remainder  was  sold  at  auction. 
How  galling  to  them  this  was  may  be  inferred  from 
the  comments  in  the  letter  of  Mrs.  Bancroft,  where, 
speaking  of  her  mother  being  present  at  the  sale, 
she  says  :  "  While  her  furniture  was  sold  in  her  own 
house,  and  the  very  chair  on  which  she  sat  bid  off 
from  her  purchase.  She  bore  it  well,  and  never  put 
herself  down  by  losing  her  dignity."  In  the  ulti- 
mate division  of  the  property,  enough  real  estate, 
including  the  homestead,  to  make  up  one  third  of 
the  total  appraised  value  of  the  estate  was  assigned 
to  Mrs.  Chandler  for  use  during  her  life,  provided 
she  remained  within  the  United  States.  While  this 
was  sufficient  to  protect  the  family  from  want  as 
long  as  she  should  live,  their  entire  relations  to  life 
were  changed.  In  place  of  luxury  and  ease,  they 
now  had  to  work  and  to  economize  to  make  both 
ends  meet. 

The  death  of  Mrs.  Chandler  raised  a  new  set  of 
questions.  All  rights  of  the  family  in  the  real  pro- 
perty ceased  with  that  event.  This  was  partially 
rectified  by  special  legislation,  through  which  the 


JOHN  CHANDLER,   LOYALIST  23 

children  remaining  at  home  were  put  in  possession 
of  a  part  of  the  property,  the  details  concerning 
which  are  given  further  on. 

The  social  prestige  of  the  family,  which  is  alluded 
to  in  some  of  the  notices  which  have  been  quoted, 
was  doubtless  due  in  part  to  the  wealth  accumulated 
during  successive  generations  of  peaceful  prosperity. 
Stripped  of  that  wealth,  the  posterity  of  the  refugee 
no  longer  held  claim  for  social  position  on  that 
ground.  Yet  it  cannot  be  said  that  Chandler's 
descendants  have,  for  that  reason,  failed  in  their 
hold  upon  the  esteem  of  their  fellow  citizens.  The 
daughter  whose  letter  has  called  forth  this  investi- 
gation married  Aaron  Bancroft,  a  clergyman,  who 
became  a  recognized  leader  in  the  Unitarian  de- 
nomination, and  was  president  of  the  American 
Unitarian  Association  from  1825  to  1836.  He 
wrote  a  life  of  Washington  which  has  gone  through 
several  editions  and  has  been  quite  recently  repub- 
lished. 

In  the  next  generation,  George  Bancroft  the 
historian  is  to  be  found,  who  filled  many  public 
offices  with  great  distinction,  but  whose  name  is 
better  known  through  his  literary  work  as  the  au- 
thor of  the  "  History  of  the  United  States."  Two 
of  the  granddaughters  of  the  refugee  were  married 
to  men,  both  of  whom  were  members  of  Congress 
and  governors  of  Massachusetts,  one  being  in  addi- 
tion a  United  States  Senator.  The  male  descendants 
of  the  next  generation  furnish  the  names  of  sev- 
eral who  achieved  distinction  in  public  life,  and 


24  THE  CHANDLER  CONFISCATION 

others  who  acquired  renown  in  the  army  and  in  the 
navy.  The  fourth  generation  from  the  refugee  has 
contributed  to  the  public  life  of  the  country,  but 
most  of  this  generation  are  still  too  young  to  have 
made  their  mark.  The  fifth  is  represented  in  this 
world,  but  its  history  is  as  yet  unwritten.  It  is 
indeed  true  that  the  voice  of  the  sixth  generation 
has  been  heard  by  a  privileged  few. 


CHAPTER  III 

LEGISLATION 

AN  examination  of  the  several  resolves  passed  by 
the  committee  of  safety  and  the  provincial  congress 
in  Massachusetts,  and  later  the  resolves  and  statutes 
passed  by  the  "  assembly  of  the  colony,"  will  reveal 
the  fact  that  there  was  some  authority  to  be  derived 
therefrom  for  nearly  every  outrage  committed  upon 
the  property  of  the  loyalists  in  the  name  of  the 
committees  of  the  several  towns.  No  such  legislation 
exists,  however,  under  cover  of  which  assaults  upon 
the  person  could  be  justified.  The  great  dramatist 
represents  the  brawlers  in  the  streets  of  Verona,  even 
while  carrying  out  the  traditions  of  the  houses  to 
which  they  belonged,  as  discussing  whether  they  had 
the  law  on  their  side  before  they  would  take  their 
chances  of  injuring  their  opponents  in  a  street  fight. 
Not  so  the  patriots.  However  scrupulous  they  might 
be  in  seeking  the  protection  of  the  law  before  invad- 
ing property  rights,  they  did  not  hesitate  to  maltreat 
offending  tories  in  a  lawless  and  scandalous  manner. 
If  acts  of  this  sort  were  perpetrated  by  members  of 
committees,  they  were  subsequently  brought  under 
the  aegis  of  the  law.  Any  member  of  any  of  the 
committees  of  correspondence,  etc.,  at  any  time  prior 


26  THE  CHANDLER  CONFISCATION 

to  the  Declaration  of  Independence,  who  made  any 
mistake  in  the  seizure  of  property,  or  in  apprehend- 
ing or  confining  any  person,  was,  by  a  law  passed 
for  that  purpose,  screened  from  suits  for  damage.1 

The  resolves  and  the  statutes  of  this  period  also 
tell  the  story  of  the  progressive  change  of  feeling 
towards  the  loyalists  which  accompanied  the  growth 
of  belief  that  the  colonies  might  prevail,  and  that  a 
separate  government  might  be  the  result  of  the  con- 
test then  going  on.  Even  before  the  first  collision 
at  arms,  many  loyal  citizens  sought  protection  in 
Boston  from  the  abuse  of  their  former  friends  and 
neighbors.  So  long  as  there  was  no  form  of  gov- 
ernment except  that  under  the  charter,  there  was 
no  such  thing  as  an  abandonment  of  property  in- 
volved in  taking  such  a  step  as  this,  but  after  the 
organization  of  the  provincial  congress,  Massachu- 
setts was  for  a  time  practically  under  two  govern- 
ments, the  one  having  control  in  Boston,  the  other 
covering  the  rest  of  the  province.  When,  therefore, 
after  the  battle  of  Lexington,  citizens  of  the  towns 
near  Boston  fled  to  that  place,  then:  flight  was  in 
some  cases,  at  least,  accompanied  by  an  abandonment 
of  property.  In  some  instances  relatives  were  left 
in  charge  of  the  homes  thus  deserted,  but  there  were 
many  prominent  men  who  felt  that  personal  safety 
was  the  first  consideration,  and  who,  being  entirely 

1  An  Act  to  indemnify  and  secure  from  prosecutions  in  law  per- 
sons who,  by  their  laudable  exertions  under  the  late  government  of 
the  King  of  Great  Britain,  have  exposed  themselves  to  actions  of 
damage,  and  other  prosecutions,  in  certain  cases  ;  passed  April  10, 
1780.  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  1169. 


LEGISLATION  27 

unprepared  for  the  unexpected  situation,  were  com- 
pelled to  leave  their  homes  without  having  had  a 
chance  to  install  representatives.  Property  thus 
abandoned  was  exposed  to  pillage.  Its  protection 
was  the  first  thought  of  the  authorities.  At  that 
time  sequestration  could  not  have  entered  the  mind 
of  anybody  as  a  possible  solution  for  the  question  of 
its  future  disposition.  It  may  be  assumed,  there- 
fore, that  the  sole  motive  which  governed  the  first 
legislation  touching  property  in  this  condition  was 
the  protection  of  the  community  from  the  excesses 
of  evil-doers.  The  exposed  property  was  a  tempta- 
tion. There  was  a  measure  of  responsibility  on  the 
part  of  the  patriots  for  this  exposure.  It  could  be 
atoned  for  to  some  extent  by  assuming  control  of 
the  property  for  the  benefit  of  whom  it  might  con- 
cern. This  was  evidently  the  spirit  in  which  the 
committee  of  safety,  May  3,  1775,  instructed  the 
quartermaster-general  to  pay  the  strictest  attention 
that  the  household  furniture  of  those  persons  who 
had  taken  refuge  in  the  town  of  Boston  might 
be  properly  secured,  and  disposed  of  in  places  of 
safety.1 

1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  706  ;  Journals  of  Each 
Prov.  Cong,  of  Mass,  in  1774  and  1775,  and  of  the  Com.  of  Safety, 
etc.,  p.  534. 

In  the  note  to  chapter  38,  Laws  of  1776-77,  vol.  v.,  Acts  and  Res. 
Prov.  Mass.  Bay,  Mr.  Goodell  has  collated  not  only  the  legislation  on 
this  point,  but  also  much  material  bearing  upon  it.  He  has  per- 
formed for  us  the  same  service  in  connection  with  chapters  24,  48, 
and  49,  Laws  of  1778-79,  in  the  same  volume,  which  deal  with  the 
general  subject  at  a  later  date.  There  is  more  of  detail  in  these 
notes  than  can  be  produced  here,  but  their  examination  will  dis- 


28  THE  CHANDLER  CONFISCATION 

The  masterful  tone  and  the  revengeful  spirit  of 
the  Confiscation  Act  are  entirely  wanting  here,  and 
yet  the  next  step  taken,  even  though  it  was  more 
than  a  year  before  the  Declaration  of  Independence, 
is  characterized  by  an  apparent  confidence  not  alto- 
gether warranted  by  the  military  situation,  a  confi- 
dence which  analysis  shows  to  have  been  after  all 
merely  apparent.  This  time  it  was  the  provincial 
congress  which  spoke,  and  on  the  22d  of  May  for- 
bade all  persons  in  this  "  colony "  taking  any 
deed,  lease,  or  conveyance  of  the  lands,  houses, 
or  estates  of  the  refugees.1  The  object  of  this  was 
clear  enough.  Refugees  would,  if  permitted,  hasten 
to  lodge  their  titles  in  the  names  of  relatives  or 
friends  less  objectionable  to  the  provincial  congress 
than  themselves.  It  will  be  observed  that  the  re- 
solve does  not  undertake  to  prevent  refugees  from 
making  such  conveyances,  but  simply  forbids  others 
to  take  them.  In  order  to  make  such  deeds  effec- 
tive, the  grantee  must  have  been  some  person  who 
could  have  access  to  the  property.  This  was  pos- 
sible at  that  time  only  for  such  as  had  given  in  their 
allegiance  to  the  provincial  congress ;  hence  the  re- 
solve in  this  form  probably  served  its  purpose. 

Events  had  advanced  far  enough  to  stir  up  the 
more  radical  of  the  patriots  to  a  desire  for  aggres- 
sive legislation,  but  not  far  enough  to  relieve  the 

close  how  exhaustive  they  are,  and  how  little  is  left  for  the  student 
of  the  subject  to  do. 

1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  706  ;  Journals  Prow. 
Cong.,  etc.,  p.  249. 


LEGISLATION  29 

apprehensions  of  the  timid  and  the  conservative 
among  the  legislators.  The  first  armed  collision 
had  already  taken  place,  but  the  lesson  of  confidence 
in  the  courage  of  the  undisciplined  volunteers  throng- 
ing on  Cambridge  Common,  soon  to  be  learned  at 
Bunker  Hill,  had  not  then  been  conveyed.  There  was 
nothing  which  should  cause  even  the  timid  to  hesi- 
tate in  the  passage  of  a  resolve  to  which  obedience 
was  alone  expected  from  those  who  had  given  in 
their  fealty  to  the  provincial  congress.  There  was 
nothing  in  its  wording  which  portended  confiscation, 
yet  this  compulsory  retention  of  titles  in  the  names 
of  the  refugees  must  have  had  some  such  ulterior 
intention. 

Meanwhile,  the  committee  of  safety  was  in  closer 
touch  with  current  events  bearing  upon  this  property 
question  than  was  the  provincial  congress.  Com- 
plaints of  the  waste  and  destruction  of  the  property 
of  refugees  poured  in  upon  the  committee  in  such 
numbers  that  on  the  12th  of  June,  1775,  they  called 
the  attention  of  the  provincial  congress  to  the  sub- 
ject.1 How  close  was  the  touch  and  how  trivial 
were  some  of  the  affairs  with  which  the  congress 
and  the  committee  concerned  themselves  is  shown 
by  the  recommendation  to  the  committee  made  by 
the  congress  in  consequence  of  that  appeal.  They 
were  requested  to  have  the  grass  cut  on  certain  of 
the  estates  of  refugees  in  Cambridge,  Charlestown, 
Roxbury,  and  Milton,  and  to  secure  it  in  some  con- 

1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  706  ;  Journals  Prov. 
Cong.,  etc.,  p.  563. 


30  THE  CHANDLER  CONFISCATION 

venient  place  for  the  benefit  of  the  colony.1  Two 
committees  were  appointed  by  the  congress,  one  to 
take  care  of  estates  of  refugees,  and  one  to  take  into 
consideration  the  property  of  persons  who  had  left 
their  habitations  in  sundry  towns  in  the  colony,  and 
who  had  "discovered  "  themselves  to  be  enemies  to 
the  colony  and  the  continent.2 

On  the  21st  of  June,  1775,  the  provincial  con- 
gress recommended  the  selectmen  and  the  com- 
mittees of  correspondence  of  towns  where  any  of  the 
property  of  refugees  was  to  be  found  to  take  pos- 
session of  such  property  and  protect  it  from  waste. 
They  were  to  keep  a  record  of  the  rents  and  profits 
which  they  should  receive,  and  they  were  to  account 
to  the  provincial  congress  or  to  the  assembly  of  the 
colony  for  what  they  should  collect,  when  thereto 
required.3 

This  important  resolve  lies  at  the  base  of  all  sub- 
sequent legislative  action  down  to  the  passage  of  the 
Confiscation  Act.  The  underlying  principles  are 
the  same  as  those  which  were  subsequently  elaborated 
into  the  act  to  prevent  the  waste,  destruction,  and 
embezzlement  of  the  property  of  refugees.  All  pro- 
perty of  refugees  was  to  be  seized,  and  the  rents  and 
profits  therefrom  were  to  be  accounted  for  to  the 
government. 

1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  707  ;  Journals  Prov. 
Cong.,  etc.,  p.  322. 

8  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  707 ;  Journals  Prov. 
Cong.,  etc.,  p.  337  ;  Report  of  Com.  June  17,  Journals  Prov.  Cong., 
etc.,  p.  348. 

8  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  707 ;  Journals  Prov. 
Cong.,  etc.,  pp.  368,  369. 


LEGISLATION  31 

The  use  in  this  connection  of  the  descriptive  title, 
"  The  Assembly  of  the  Colony,"  calls  attention  to 
the  legal  theory  under  which  the  proceedings  of  the 
colonists  had  theretofore  been  conducted.  There 
was  of  course  no  provision  in  the  charter  under 
which  such  a  body  as  the  provincial  congress  could 
have  been  organized.  Its  members  were  in  revolt 
against  the  duly  appointed  representative  of  the 
Crown,  but  had  not  as  yet  thrown  off  allegiance  to 
Great  Britain,  .nor  was  the  situation  such  that  they 
could  with  confidence  expect  that  their  proceedings 
would  eventuate  in  such  a  result.  They  bore  the 
same  relation  to  the  Crown  as  did  their  ancestors 
when  they  seized  and  imprisoned  Andros,  and  the 
name  "  Provincial  Congress,"  which  they  adopted, 
was  to  a  certain  extent  a  misnomer,  for  the  essence 
of  a  province  was  that  it  should  have  a  governor 
appointed  by  the  Crown.  The  elective  body,  which 
in  the  summer  of  1775  was  organized  for  legislative 
purposes  through  the  instrumentality  of  this  con- 
gress, was  styled  an  "  Assembly  of  the  Colony,"  and 
as  such  its  first  act  was  to  legalize  the  doings  of  the 
"Provincial  Congress  of  the  Colony."1 

The  attitude  taken  in  the  resolve  of  June  21 
would  seem  to  have  been  too  bold  for  some  of  the 
legislators,  for  on  the  8th  of  July  they  secured  the 
passage  of  an  explanatory  resolve,  to  the  effect 
that  the  resolve  of  June  21  was  intended  to  ap- 
ply only  to  such  "estates  as  are  left  unimproved 
and  void  of  any  occupant  or  possessor."  Other 

1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  415. 


32  THE  CHANDLER  CONFISCATION 

estates  ought  not  to  be  so  treated  until  the  refu- 
gees should  be  "regularly  indicted  and  tried  for 
theic  supposed  offences."  1  The  operation  of  the 
resolve  differed  from  that  produced  by  the  one 
passed  May  3,  as  follows:  Instead  of  being  re- 
stricted to  the  household  furniture  of  those  who 
"had  taken  refuge  in  Boston,"  it  applied  to  all 
abandoned  property  in  the  province,  and  instead  of 
the  custody  being  turned  over  to  the  quartermas- 
ter-general, the  property  was  intrusted  to  the  care 
of  the  selectmen  and  committees  of  correspondence. 
The  cause  of  these  changes  is  obvious.  To  avoid 
insult  and  actual  physical  maltreatment,  loyalists 
from  all  parts  of  the  province  had  been  compelled 
to  seek  safety  in  Boston.  If,  in  so  doing,  they  left 
behind  them  property  without  adequate  provision 
for  its  care,  it  was  plain  that  so  narrow  a  description 
as  "  household  furniture  "  might  not  cover  all  cases. 
The  appointment  in  the  original  resolve  of  the 
"  quartermaster-general "  as  custodian  was  evidently 
a  mere  temporary  makeshift.  The  transfer  of  the 
keepership  of  the  seized  property  to  the  selectmen 
and  committees  of  correspondence  was  a  practical 
acknowledgment  of  responsibility,  and  indicated  a 
recognition  of  the  probable  necessity  for  a  more 
protracted  custody  and  an  acceptance  of  the  self- 
imposed  trust. 

Legislation  with  reference  to  abandoned  property 
was  permitted  to  rest  in  the  condition  laid  down 

1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  707;  Journals  Prov. 
Cong.,  etc.,  p.  476. 


LEGISLATION  33 

by  the  resolve  of  June  21,  1775,  as  amended  by 
that  of  July  8  of  the  same  year,  for  about  ten 
months.  The  subject  was,  however,  discussed  from 
time  to  time  in  the  legislative  body  represent- 
ing the  people,  whether  congress  or  assembly,  and 
the  various  propositions  then  introduced  indicate 
that  the  representatives  were  becoming  more  and 
more  aggressive.  Thus,  August  15, 1775,  the  house 
appointed  a  committee  to  examine  the  resolutions  of 
the  congress  respecting  refugees  and  report  what 
was  required  to  be  done.1  Again,  on  the  9th  of 
November,  1775,  a  resolve  was  passed  in  the  same 
body  empowering  the  selectmen  and  committees  of 
correspondence,  in  towns  where  refugees  had  left 
estates  both  real  and  personal,  to  take  care  of  the 
personal  estate,  and  to  sell  stock  which  could  not  be 
kept  on  account  of  the  scarcity  of  fodder;  to  take 
care  of  the  produce  of  the  farms;  to  keep  an  ac- 
count of  their  doings,  and  report  to  the  court  when 
required.2  The  council  amended  this  resolve  in 
three  ways :  They  wanted  to  have  the  control  of 
the  selectmen  and  committees  limited  to  abandoned 
property ;  they  desired  to  have  the  report  under 
oath ;  and  they  wished  to  preserve  a  loophole  for 
refugees  who  might  have  some  explanation  to  give 
of  their  conduct.  This  they  proposed  to  accomplish 
by  defining  the  purpose  of  the  required  report  to  be 

1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  707  ;  House  Journal, 
p.  73. 

2  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  707;  House  Journal, 
p.  254  ;  Mass.  Archives,  vol.  207,  No.  270. 


34  THE  CHANDLER  CONFISCATION 

"  that  justice  may  hereafter  be  done  to  the  public 
as  also  to  those  individuals,  when  due  inquiry  can 
be  made  into  their  conduct." 1 

Apparently  these  amendments  were  not  accepta- 
ble to  the  house.  The  subject  was  again  taken  up 
by  the  representatives,  January  5,  1776,  and  a  com- 
mittee appointed  to  bring  in  a  report.2  On  the  8th, 
a  resolve  was  submitted  to  the  house.3  The  hostility 
of  the  refugees  was  set  forth  in  the  preamble  in 
strong  terms.  They  had  left  behind  them  estates 
liable  to  waste  and  perish,  and  in  some  instances  had 
arranged  to  receive  rents  from  their  real  estate  and 
the  proceeds  of  sales  of  their  personal  property. 

The  selectmen  and  committees  of  correspondence 
of  any  town  where  such  abandoned  estates  were 
situated  were  to  take  possession  of  the  same ;  to 
manage  the  real  estate  and  dispose  of  the  personal 
estate  in  such  manner  that  no  part  of  the  rents  or 
proceeds  should  get  into  the  hands  of  the  refugees. 
Proper  accounts  were  to  be  kept  for  the  information 
of  the  general  court,  when  required.  This  resolve, 
like  its  predecessor,  met  with  amendment  in  the 
council.4  The  most  important  of  the  changes  sug- 

1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  708;  where  Mr.  Goodell 
adds  :  "  By  the  minutes  upon  the  original  resolve  in  the  Archives,  as 
well  as  by  the  recorded  doings  of  the  Council  and  House  upon  this 
resolve,  on  the  18th  and  27th,  it  does  not  appear  to  have  been  passed, 
notwithstanding  an  entry  to  that  effect  in  the  so-called  records  of  the 
General  Court." 

2  House  Journal,  p.  119. 

8  House  Journal,  pp.  127, 128. 

4  For  these  amendments,  see  House  Journal,  January  11, 1776, 
p.  141. 


LEGISLATION  35 

gested  seems  to  convey  the  idea  that  certain  patriots 
fleeing  from  Boston  had  arranged  with  loyalists 
who  had  fled  to  Boston  for  an  exchange  of  pro- 
perty. The  council  proposed  that  after  the  clause 
requiring  a  report  to  the  general  court,  there  should 
be  added  the  words  "  to  whom  they  are  to  be  ac- 
countable, provided  always,  that  nothing  in  the 
foregoing  resolve  shall  extend  to  such  estates,  real 
or  personal,  as  are  now  improved  by  persons  late 
inhabitants  of  the  Town  of  Boston,  who  have  given 
up  their  estates  in  said  town  to  the  owners  of  estates 
on  which  they  now  dwell."  This  amendment  was 
not  accepted  by  the  representatives,  and  at  this 
stage  the  proposed  legislation  was  apparently  ar- 
rested. 

On  the  14th  of  February,  1776,  the  subject  was 
again  considered  by  the  house.  A  resolve  was  re- 
ported, which  was  duly  passed  and  sent  up  for  con- 
currence.1 This  resolve  was  in  substance  the  same 
as  that  which  had  been  passed  by  the  house  Janu- 
ary 8,  but  to  the  clause  requiring  the  selectmen  and 
the  committees  to  report  their  doings  to  the  court 
when  required  by  that  body,  these  words  were  added : 
"  And  unto  whom  they  shah1  be  accountable."  There 
was  also  a  proviso  added,  to  the  effect  that  the  re- 
solve was  not  to  be  construed  to  include  estates 
which  had  been  conveyed  to  persons  friendly  to  the 
colony  prior  to  May  22,  1775,  the  date  of  the  pas- 
sage of  the  resolve  forbidding  such  conveyances. 

1  Acts  and  Res.  Prow.  Mass.  Bay,  vol.  v.  pp.  708,  709  ;  House  Jour- 
nal, p.  293. 


36  THE  CHANDLER  CONFISCATION 

There  is  no  record  of  the  action  taken  by  the  coun- 
cil on  this  specific  resolve,  but  it  may  be  assumed 
that  it  failed  of  passage  in  that  body. 

Meantime,  the  evacuation  of  Boston  introduced  a 
new  set  of  problems,  urgent  in  their  nature  and 
requiring  immediate  attention.  The  compulsory 
withdrawal  of  the  English  army  and  fleet  not  only 
affected  military  affairs,  but  the  prestige  gained  by 
the  Americans  in  consequence  of  this  important 
success  reacted  upon  the  political  situation.  It  is  not 
strange,  therefore,  to  find  immediately  after  this 
event  that  thoughts  of  confiscation  began  to  obtrude 
in  the  body  from  which  all  aggressive  action  had 
heretofore  come.  On  the  19th  of  March,  1776, 
it  was  moved  in  the  house  that  a  list  of  the  Bos- 
ton loyalists  be  made  out,  and  an  order  was  passed 
for  the  appointment  of  a  committee  to  bring  in  a 
bill  for  the  confiscation  of  the  estates  of  persons 
who  had  aided  the  enemy.1  It  would  seem  that 
the  council  was  not  ready  for  this  step,  for  on  the 
25th  of  March  the  general  court  appointed  a  com- 
mittee to  repair  to  Boston  and  make  an  inventory 
of  the  real  and  personal  property  belonging  to  the 
mandamus  councillors,  commissioners  of  customs, 
and  others,  open  and  avowed  enemies  to  the  rights 
and  liberties  of  America,  who,  through  fear  of  the 
American  arms  and  the  just  resentment  of  their 
injured  countrymen,  had  departed  the  town  of  Bos- 
ton ;  and  report  the  same  to  the  court  as  soon  as  may 

1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  1052 ;  House  Journal, 
p.  18. 


LEGISLATION  37 

be.  Meantime  they  were  to  cause  such  effects  to  be 
secured,  so  as  to  prevent  embezzlement.1  This  com- 
mittee found  unexpected  obstacles  in  the  way  of 
securing  possession  of  the  property  of  refugees,  and 
sought  for  and  obtained  on  the  3d  of  April,  1776, 
an  extension  of  their  powers.2  The  resolve  under 
which  this  was  granted  recites  that  the  court  was 
informed  that  some  of  the  estates  of  the  refugees 
were  then  in  the  occupation  and  possession  of  per- 
sons who  had  clandestinely  taken  the  same,  and 
others  were  held  under  pretence  of  gift,  sale,  or 
attachment.  To  secure  possession  of  these  estates, 
the  committee  was  authorized  to  examine  under  oath 
persons  suspected  of  having  in  their  possession 
estates  of  refugees,  in  the  same  manner  as  was  per- 
mitted by  the  law  governing  estates  of  intestates. 
The  committee  was  also  authorized  to  take  possession 
of  property  belonging  to  persons  in  Great  Britain, 
the  management  of  which  was,  by  power  of  attor- 
ney, lodged  in  the  hands  of  refugees.  All  of  this 
without  regard  to  legal  proceedings  instituted  since 
April  19,  1775. 

On  the  6th  of  April,  justices  of  the  peace  were 
appointed  to  examine  loyalists  whose  names  were 
on  the  list.3  On  the  8th  of  the  same  month,  the 
house  recurred  to  the  question  of  confiscation,  but 


1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  709  ;  p.  1064  ;  House 
Journal,  p.  37  ;  p.  40  ;  p.  41. 

2  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  709  ;  House  Journal, 
p.  75  ;  Mass.  Archives,  vol.  208,  No.  328. 

3  House  Journal,  pp.  88,  89. 


38  THE  CHANDLER  CONFISCATION 

was  then  held  in  check  by  the  council.1  On  the 
9th,  the  house  passed  a  resolve  extending  the  pro- 
vision as  to  inventories  of  property  of  loyalists 
to  all  towns,  and  requiring  committees  of  corre- 
spondence, safety,  and  inspection,  aided  by  justices 
of  the  peace,  to  prepare  lists  of  refugees.2  Having 
thus  made  provision  for  securing  as  far  as  possible 
the  property  in  Boston  abandoned  by  the  refugees 
who  accompanied  the  British  army  to  Halifax,  the 
house  took  up  the  resolve  originally  introduced 
February  14,  and  on  the  19th  of  April,  1776, 
passed  a  resolve  in  which  the  council  concurred  on 
the  23d.3 

The  preamble  asserted  that  certain  enemies  of  the 
colony,  and  others  who  had  left  the  colony  with 
intent  to  aid  the  enemy,  had  left  behind  them  real 
and  personal  property  subject  to  waste.  The  com- 
mittees of  correspondence,  safety,  and  inspection,  in 
each  town  where  there  was  property  of  this  sort 
which  the  committee  believed  was  the  property  of 
such  refugees,  were  instructed  to  take  possession  of 
the  property,  and  to  manage  the  estates  according  to 
their  best  judgment.  They  were  to  lease  the  real 
estate  for  one  year ;  to  return  an  inventory  of  the 
personal  property  and  a  statement  giving  details  as 
to  leases.  Estates  occupied  by  persons  friendly  to 
the  colony,  under  written  conveyance  dated  prior  to 

1  House  Journal,  p.  96. 

3  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  1052  ;  Mass.  Archives, 
vol.  208,  No.  357  ;  House  Journal,  p.  104. 

8  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  710  ;  House  Journal, 
pp.  153,  154. 


LEGISLATION  39 

May  22,  1775,  were  exempted  from  the  operation 
of  this  resolve. 

To  this  was  added  another  clause,  intended  to 
reach  loyalists  who  had  not  absconded,  but  had 
aided  the  enemy.  The  committees  were  ordered  to 
return  to  the  court  a  list  of  such  loyalists,  including 
therein  the  names  of  those  who  had  voted  any 
address  to  General  Gage  approving  his  errand  to  the 
colony,  or  his  acts  as  governor  since  the  dissolution 
of  the  general  court  at  Salem  in  1774 ;  or  to  Gov- 
ernor Hutchinson  after  the  arrival  of  General  Gage ; 
or  to  General  Howe;  or  who  had  signed  or  pro- 
moted any  association  for  joining  or  assisting  the 
enemy ;  or  who  had  left  the  colony  with  the  British 
army  or  fleet.  Accompanying  such  lists,  the  com- 
mittees were  to  forward  evidence  gto  prove  that  the 
names  on  the  lists  were  properly  there.  There  was 
a  qualifying  paragraph,  which  probably  means  that 
the  names  of  the  loyalists  who  had  given  satisfac- 
tory evidence  of  having  abandoned  the  cause  of  the 
Crown  and  of  having  become  true  patriots  were  not 
to  be  included  in  the  lists.  Justices  of  the  peace 
were  to  aid  in  the  preparation  of  the  depositions. 
There  is  a  degree  of  hesitancy  in  this  resolve  which, 
under  the  circumstances,  seems  singular.  The  evac- 
uation of  Boston  was  such  a  triumph  for  the  Ameri- 
can forces  that  the  patriots  must  thereafter  have 
felt  reasonably  secure  in  taking  whatever  steps  they 
chose.  To  a  certain  extent  this  feeling  is  shown  in 
calling  for  the  lists  of  loyalists  and  refugees,  but  the 
power  of  control  over  the  estates  of  refugees  was 


40  THE  CHANDLER  CONFISCATION 

limited  in  such  a  way  as  to  indicate  some  ulterior 
purpose.  The  leases  of  real  estate  which  the  com- 
mittees were  authorized  to  make  were  limited  to  one 
year,  and  no  authority  whatever  to  dispose  of  per- 
sonal estate  was  conferred  in  the  resolve.  It  was 
soon  realized  that  this  resolve  conflicted  with  the 
one  of  March  25  appointing  a  committee  to  take 
charge  of  the  abandoned  estates  in  Boston.  This 
situation  was  remedied  by  the  passage,  on  the  2d 
of  May,  of  a  resolve  continuing  the  powers  of  this 
committee  until  further  order  of  the  general  court, 
notwithstanding  the  resolve  of  April  19.1 

By  this  time  it  was  realized  that  the  fugitive 
loyalists  had  left  behind  them  families  dependent 
for  their  support  upon  the  property  which  had  been 
seized,  and  in  this  resolve  there  was  recognition  of 
the  obligation  which  the  government  had  assumed 
by  taking  possession  of  the  property.  This  was  ac- 
complished by  adding  a  proviso,  which  gave  author- 
ity to  the  committee  to  make  allowances  out  of  such 
estates  or  the  improvement  thereof  for  the  support 
of  the  wives  and  children  of  the  persons  whose 
property  was  in  the  hands  of  the  committee. 

The  committee  was  also  ordered  to  dispose  of 
perishable  property  by  auction.  Through  the  action 
mentioned  above,  provision  was  to  a  certain  extent 
made  for  the  support  of  the  families  of  the  Boston 
refugees,  but  no  thought  was  had  for  those  who 

1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  710;  Mass.  Archives,  vol. 
209,  No.  107.  The  resolve  of  April  19,  as  it  is  generally  cited,  is  the 
one  that  was  concurred  in  by  the  council  April  23. 


LEGISLATION  41 

were  similarly  situated  elsewhere  in  the  colony.  On 
the  25th  of  June,  1776,  however,  a  committee  was 
appointed  by  the  house  to  inspect  the  returns  of  the 
committees  of  correspondence  with  respect  to  the 
estates  of  refugees,  and  to  report  if  anything  was 
required  to  be  done  in  connection  therewith.1  On 
the  same  day  the  house  passed  a  resolve  authorizing 
the  committees  of  correspondence,  having  estates  of 
refugees  in  their  possession,  to  allow  for  the  support 
of  the  families  so  much  of  the  improvement  of  the 
estates  as,  combined  with  the  industry  of  the  families, 
would  provide  for  their  comfortable  support.2 

The  selectmen  of  the  town,  or  the  overseers  of 
the  poor,  were,  by  the  terms  of  this  resolve,  "  em- 
powered to  bind  out  the  children  of  such  Tories  in 
like  manner  as  they  are  by  law  empowered  to  bind 
out  the  poor  of  their  towns."  The  committees  of 
correspondence  were  also  authorized  to  sell  perishable 
property  belonging  to  said  estates. 

It  scarcely  needs  to  be  stated  that  the  council  did 
not  agree  to  the  proposition  to  permit  the  compulsory 
apprenticeship  of  all  children  of  tories  irrespective 
of  their  surroundings,  and  regardless  of  the  question 
whether  the  seizure  of  the  property  of  their  parents 
would  of  necessity  result  in  their  becoming  public 
charges. 

Up  to  this   point   there   had  been   no   general 

1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  711  ;  House  Journal, 
p.  127. 

2  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  711 ;  Court  Records, 
vol.  xxxv.  p.  77  ;  Printed  Resolves,  ch.  109,  p.  25. 


42  THE  CHANDLER    CONFISCATION 

authority  conferred  to  sell  property,  and  no  appro- 
priation by  the  colony  of  the  seized  effects.  Perish- 
able property  alone  had  been  ordered  to  be  sold,  and 
from  time  to  time  specific  instructions  and  special 
authority  had  been  given  in  particular  cases. 

The  assembly  of  the  colony  was  in  session  at  the 
date  of  the  Declaration  of  Independence,  but  was 
prorogued  on  the  13th  of  July,  1776,  prior  to  the 
receipt  of  official  information  of  the  action  of  the 
Continental  Congress.  When  the  legislators  met 
in  August  of  that  year,  they  represented  one  of  the 
United  States  of  America,  and  the  revolt  which  had 
been  in  progress  had  become  an  open  war  against 
England.  This  permitted,  indeed  it  may  be  said  to 
have  compelled,  the  placing  upon  the  statute-books  in 
permanent  form  of  a  definite  policy  with  regard  to 
the  estates  of  refugees,  in  place  of  the  various  con- 
flicting resolves  under  which  seizures  had  been  made. 
The  matter  was  taken  up  in  October,1  but  the  act 
to  prevent  the  waste  of  the  estates  of  refugees,  which 
was  the  result  of  these  deliberations,  was  not  finally 
passed  until  April,  1777.  Meantime,  the  only  change 
in  the  relations  to  the  subject  of  those  holding 
property  of  refugees  under  authority  of  the  various 
resolves  would  seem  to  have  been  effected  by  a 
resolve  passed  January  31,  1777,  ordering  the  com- 
mittee for  securing  the  estates  of  the  absconding 
enemies  to  the  rights  of  America  to  turn  over  to 
the  Board  of  War  such  effects  in  their  hands  as 

1  See  supplementary  note  to  chapter  38,  Acts  and  Res.  Prov.  Mass. 
Bay,  vol.  v.  p.  725. 


LEGISLATION  43 

might  be  available  for  this  and  the  other  United 
States.1 

"  The  Act  to  prevent  the  waste,  destruction  and 
embezzlement  of  the  goods  or  estates  of  such  persons 
who  have  left  the  same,  and  fled  to  our  enemies  for 
protection,  and  also  for  payment  of  their  just  debts, 
out  of  their  estates,"  was  passed  in  April.2  This  act 
authorized  the  judges  of  probate  to  appoint  agents 
to  take  possession  of  the  property  of  persons  who 
had  voluntarily  fled  to  the  enemy,  leaving  behind 
them  estates  amounting  in  value  to  twenty  pounds 
or  upwards.  Judges  of  probate  were  authorized  to 
allow  the  wife  and  family  of  the  refugees  bedding 
and  household  furniture,  and  could  also  assign  to 
the  wife  the  use  and  improvement  of  one  third  of 
the  real  estate  during  the  absence  of  the  husband. 

The  agent  was  to  sell  the  personal  property  and 
pay  the  debts  of  the  refugee.  If  there  was  not 
enough  personal  property  to  meet  the  debts,  then 
recourse  could  be  had  to  the  real  estate.  Except 
for  the  purpose  of  paying  debts,  he  had  no  power  to 
sell  real  estate.  Where  the  estates  were  not  insol- 
vent, the  judge  of  probate  could  make  allowances 
out  of  the  rents  and  profits  of  the  estate  for  the 
support  of  the  absentee's  family  and  servants.  The 
agent  was  to  pay  over  to  the  treasurer  of  the  state 
any  balance  in  his  hands  after  paying  the  debts  of 
the  estate,  and  thereafter  was  to  account  to  the  judge 

1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  711;  Printed  Resolves, 
ch.  131,  p.  28  ;  Mass.  Archives,  vol.  212,  No.  213. 

2  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  629  et  seq. 


44  THE  CHANDLER  CONFISCATION 

of  probate  by  whom  he  was  appointed.  Thus  mat- 
ters stood  until  the  passage  of  the  Confiscation  Act. 
The  flight  of  the  refugee  was  treated  as  being  equiv- 
alent to  suicide.  The  agent  appointed  to  take  pos- 
session of  the  estate  was  given  authority  to  manage 
the  same  "  in  as  full  and  ample  a  manner  as  though 
the  absent  person  was  naturally  dead  and  the  said 
agent  was  appointed  administrator  of  his  or  her 
estate." 

It  is  evidently  the  purpose  of  the  act  to  give  the 
agent  control  over  the  management  of  the  real  estate, 
but  the  limits  of  that  control  are  only  to  be  inferred. 
He  is  put  in  possession,  and  can  receive  the  rents 
from  leases  made  by  committees  under  authority  of 
the  court.  He  can  make  repairs.  Out  of  the  rents 
and  profits  in  his  hands  he  can  pay  such  sums  as 
the  court  allows  for  the  support  of  the  family.  The 
committees  having  charge  of  real  estate  were  only 
authorized  to  lease  for  one  year.  Perhaps  it  is  a 
fair  inference  that  the  agents'  power  in  this  respect 
was  similarly  restricted.  September  19, 1778,  collec- 
tors of  taxes  were  stayed  from  proceeding  against 
the  unimproved  estates  of  absentees.1 

On  the  16th  of  October,  1778,  the  power  of 
judges  of  probate  in  the  appointment  of  agents  was 
extended.  They  were  directed  to  exercise  this  power 
as  soon  as  it  should  appear  to  them  by  information 
or  otherwise  that  any  persons  had  fled  to  the  enemy 
for  protection.  The  estates  of  refugees  who  had 
died  since  leaving  home  were  not  to  be  exempt,  and 
1  Printed  Resolves,  September  session,  1778,  res.  11,  p.  38. 


LEGISLATION  45 

commissioners  were  to  be  appointed  to  examine 
claims  against  all  estates,  whether  insolvent  or  not.1 
The  same  act  was  further  amended  in  February, 
1779,  by  the  addition  of  a  clause  which  empow- 
ered judges  of  probate  to  treat  absentee  executors 
and  administrators  as  if  dead.  Appointments  could 
be  made  of  persons  to  fulfil  the  trusts  which  the 
absentees  were  unable  to  perform.2 

Pursuant  to  the  recommendation  of  Congress,  the 
subject  of  confiscation  was  taken  up  by  the  general 
court  in  January,  1778.  February  23,3  a  confisca- 
tion act  was  reported,  and  a  list  of  names  of  refugees 
was  ordered  to  be  prepared.  This  was  under  consid- 
eration for  a  protracted  period,  the  details  concerning 
which  are  given  in  the  note  to  chapter  48,  vol.  v., 
in  the  Province  Laws.4  The  passage  on  the  16th 
of  October,  1778,  of  the  act  to  prevent  the  return 
to  this  state  of  certain  persons  therein  named,  and 
others  who  have  left  this  state  or  either  of  the 
United  States  and  joined  the  enemies  thereof,  would 
seem  to  have  been  the  immediate  outcome  of  this 
discussion.5 

The  state  at  this  time  had  possession  of  practically 
all  the  property  of  the  refugees.  The  personal 
property  had  been  disposed  of  under  authority.  The 
real  estate  was  still  under  the  management  of  the 
agents  who  had  been  put  in  charge  of  it.  Difficul- 

1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  pp.  910,  911. 

2  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  931. 
8  Acts  and  Res.  Prov,  Mass.  Bay,  vol.  v.  p.  1053. 

4  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  1052  et  seq. 
6  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  912. 


46  THE  CHANDLER  CONFISCATION 

ties  of  various  sorts  turned  up,  most  of  which  were 
met  by  legislation,  general  in  character,  but  calcu- 
lated to  meet  the  emergency  which  called  it  into 
being.  The  spring  of  1779  was  fertile  with  such 
legislation. 

February  19,  1779,  agents  who  had  not  made 
returns  of  inventories  were  ordered  to  do  so  imme- 
diately. They  were  also  required  to  make  up  their 
accounts  with  all  possible  expedition,  and,  after 
deducting  such  allowance  to  the  wife,  widow,  or 
family  as  the  judge  of  probate  might  have  approved, 
to  pay  over  the  balance  to  the  treasurer  of  the 
state.1  The  same  day  another  resolve  was  passed 
instructing  agents  to  lease  for  circulating  currency 
the  real  estate  on  one  year  leases.2  The  property  of 
subjects  of  Great  Britain  who  had  not  resided  in 
this  state  was,  by  resolves  of  date  of  February  20 
and  April  19,  ordered  to  be  turned  over  to  the 
agents.3  A  special  resolve  was  passed  May  1,  pro- 
viding for  the  ejectment  of  persons  improperly 
holding  possession  of  the  property  of  refugees,4  and 
resolves  were  passed  May  1  and  May  3  to  meet  the 
cases  arising  from  delinquent  agents.5 

This  review  of  special  legislation  of  a  general 
character  at  this  period  has  carried  us  beyond  the 
date  of  the  passage  of  the  two  confiscation  acts  in 
which  all  of  this  legislation  may  be  said  to  have 

1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  1000. 

2  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  1000. 

3  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  pp.  1000,  1001. 
*  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  1002.     . 

8  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  1002. 


LEGISLATION  47 

culminated.  April  30,  1779,  two  bills  were  passed, 
the  one  directed  against  the  estates  of  mandamus 
councillors,  commissioners  of  customs,  and  certain 
other  royal  officeholders,  and  the  other  against  the 
estates  of  refugees  in  general.  In  the  former  the 
estates  of  the  named  persons  were  confiscated  with- 
out hearing.  In  the  general  confiscation  act  there 
were  detailed  provisions  for  the  mode  of  trial  under 
which  the  estates  should  be  confiscated.  Personal 
service  or  the  ordinary  substitutes  lay  at  the  base  of 
the  action,  and  a  jury  was  required  even  in  case  of 
default.  In  both  acts  provision  was  made  for  setting 
aside  dower  for  the  wife  or  widow  of  the  refugee, 
out  of  the  estate.  In  the  proceedings  under  the 
Confiscation  Act  the  result  was  simply  that  posses- 
sion in  behalf  of  the  commonwealth  was  given  to 
an  agent  appointed  for  that  purpose.  No  provision 
was  made  in  the  act  by  means  of  which  the  agent 
could  pay  debts. 

On  the  19th  of  June,  1780,  a  committee  was  ap- 
pointed by  resolve  who  were  authorized  to  borrow 
money  for  the  use  of  the  state,  and  as  security  for 
the  loans  they  could  put  lenders  in  possession  of  the 
real  property  of  absentees.1 

November  29,  1780,  a  resolve  was  passed  for  sell- 
ing at  public  auction  the  estates  and  effects  of 
absentees.2  The  proceeds  were  to  be  paid  into  the 
treasury. 

December   4,    1780,    the   Confiscation   Act  was 

1  Resolves  of  Mass.  1780,  res.  83,  pp.  35, 36. 

2  Laws  and  Res.  of  Mass.  1780-81,  ch.  95,  p.  183. 


48  THE  CHANDLER  CONFISCATION 

amended.1  The  requirement  of  a  jury  where  there 
was  no  contest  was  dispensed  with,  and  instead  of  the 
notification  to  the  absentee  set  forth  in  the  act  as  a 
basis  for  the  proceedings  in  court,  notice  by  publi- 
cation in  newspapers  was  substituted.  The  personal 
service  required  in  the  original  act  on  absentees  who 
were  by  law  prohibited  from  entering  Massachusetts 
was  of  course  a  legal  farce  and  an  absurd  proposi- 
tion, nor  was  it  much  improved  by  having  a  notice 
left  at  the  last  and  usual  abode  of  the  absentee, 
nor  by  posting  it  on  the  premises.  Such  absentee 
had,  under  the  circumstances,  no  recognized  interest 
in  the  proceedings,  and  his  family  had  no  claim 
except  through  him.  Only  those  were  legally  inter- 
ested who  might  claim  through  some  conveyance  or 
contract  which  the  courts  would  recognize  as  valid, 
and  as  these  might  not  be  known,  publication  was 
clearly  the  best  way  to  reach  them. 

At  the  time  of  the  passage  of  this  act,  the  confis- 
cation suits  in  the  Chandler  case  were  ripe  for  judg- 
ment. Taking  advantage  of  the  provision  which 
dispenses  with  the  jury  requirement,  the  court,  which 
met  December  12,  1780,  at  once  proceeded  to  enter 
up  judgment  in  the  pending  cases.  It  was  soon 
discovered  that  the  act  which  had  made  it  possible 

1  Laws  and  Resolves  of  Mass.  1780-81 :  An  Act  in  addition  to 
and  for  the  alteration  of  some  of  the  provisions  of  an  Act,  etc., 
ch.  48,  p.  113.  For  my  citations  of  much  of  the  subsequent  legisla- 
tion I  have  used  the  reprint  of  the  laws  now  in  progress,  the  title 
being  the  binders'  title.  This  is  sometimes  misleading,  since  the 
years  which  govern  it  are  session  years,  and  the  fall  session  often 
overlapped  the  calendar  year. 


LEGISLATION  49 

to  get  along  without  a  jury  had  also  upset  the  ser- 
vice of  the  writs  upon  which  these  cases  were  based. 
To  remedy  this,  a  special  act  was  passed  January 
18,  1781,  legalizing  the  proceedings  in  these  suits.1 

The  committees  and  agents  were  instructed  Feb- 
ruary 2,  1781,  not  to  lease  property  of  absentees  ; 2 
but  on  the  3d  of  March,  1781,  they  were  authorized 
to  lease  for  one  year,  if  they  thought  it  was  for  the 
interest  of  the  government.3 

The  act  to  provide  for  the  payment  of  the  debts 
due  from  conspirators  was  amended  May  1,  1781. 
Committees  appointed  to  sell  the  estates  of  absentees 
were  authorized  to  sell  at  private  sale  to  persons  who 
had  advanced  money  to  the  commonwealth,  under 
the  resolve  of  June  19, 1780,  the  estates  then  turned 
over  to  them  as  security,  provided  the  creditor  of 
the  commonwealth  made  application  for  that  pur- 
pose and  was  willing  to  take  the  estate  at  the  ap- 
praised value  designated  by  a  committee  appointed 
for  the  purpose.4 

The  action  taken  in  this  last  act  is  peculiar,  and 
not  altogether  consistent  with  what  had  just  taken 
place,  for  on  the  2d  of  March  the  legislature  had 
formally  passed  an  act  to  provide  for  the  payment  of 
debts  due  from  conspirators  and  absentees  and  for 
the  recovery  of  debts  due  to  them,  in  which  act  they 

1  Laws  and  Res.  of  Mass.  1780-81,  ch.  49,  p.  114. 

2  Laws  and  Res.  of  Mass.  1780-81,  ch.  65,  p.  264  ;  Res.  of  Mass. 
1781,  res.  65,  p.  79. 

9  Laws  and  Res.  of  Mass.  1780-81,  ch.  196,  p.  335  ;  Res.  of  Mass. 
1781,  res.  196,  p.  129. 

4  Laws  and  Res.  of  Mass.  1780-81,  ch.  52,  p.  122. 


50  THE  CHANDLER  CONFISCATION 

had  appointed  committees  to  sell  the  estates  and  pay 
the  debts.1  The  claims  were  to  be  examined  by  the 
committees  formerly  appointed  by  the  judges  of  pro- 
bate. The  sales  were  to  be  conducted  as  in  the  case 
of  intestates.  The  committees  for  the  several  coun- 
ties were  named  in  the  act,  and  were  authorized  to 
sell  the  estates,  pay  the  debts,  and  pay  over  what 
was  left  to  the  treasurer  of  the  state.  Money  paid 
to  the  treasurer  could  be  reached  by  warrants  issued 
on  certificates  of  probate  judges.  John  Fessenden, 
Caleb  Ammidon,  and  Jonathan  Warner  were  ap- 
pointed for  Worcester  County.  On  the  15th  of 
May,  1781,  knowledge  having  been  acquired  that 
there  were  persons  in  possession  of  real  estate  of 
absentees  who  did  not  pay  rent  and  others  having 
personal  property  illegally  in  possession,  a  resolve 
was  passed  directing  the  committees  appointed  to  sell 
confiscated  estates  in  the  several  counties  to  make 
inquiries  on  these  points,  and  report  thereon.2  The 
same  day  an  act  was  passed  directing  commissioners 
to  reject  all  claims  originating  from  conspirators  or 
absentees  and  extending  the  time  for  proving  claims 
against  the  estates,  and,  in  order  to  expedite  pay- 
ments, authorizing  payment  in  full  to  creditors  who 
would  give  an  indemnity  bond  to  refund  pro  rata 
in  case  the  proceeds  of  sales  should  be  inadequate  to 
meet  all  claims.3 

The  committees  of  the  several  counties  within  the 

1  Laws  and  Res.  of  Mass.  1780-81,  ch.  50,  pp.  115  et  seq. 

3  Laws  and  Res.  of  Mass.  1780-81,  ch.  176,  p.  460. 

3  Laws  and  Res.  of  Mass.  1780-81,  ch.  53,  pp.  123-125. 


LEGISLATION  51 

commonwealth,  appointed  to  dispose  of  confiscated 
estates,  were  on  the  llth  of  February,  1782,  in- 
structed to  receive  in  payment  the  securities  given 
to  officers  and  soldiers.1  March  7,  1782,  the  com- 
mittees for  the  sale  of  estates  of  absentees  were 
authorized  to  lease  the  said  estates  for  the  ensuing 
year.2 

On  the  8th  of  March,  1782,  in  order  that  persons 
might  be  protected  who  had  been  prevented  by  good 
reasons  from  prosecuting  then*  claims  against  the 
estates  of  absentees,  a  resolve  was  passed,  author- 
izing judges  of  probate  to  renew  for  three  months 
the  commissions  of  those  previously  appointed  to 
examine  claims.  The  commissioners  thus  reap- 
poiuted,  or  others  in  their  place,  were  instructed  to 
reexamine  claims.3  On  the  15th  day  of  June,  1782, 
an  amendment  was  passed  to  the  act  to  provide  for 
the  payment  of  debts  due  from  conspirators  and 
absentees,  the  purpose  of  which  was  to  relieve  the 
commonwealth  from  the  embarrassment  caused  by 
the  exemption  from  the  operation  of  the  original 
act  of  estates  put  in  the  hands  of  persons  who  had 
advanced  money  under  the  resolve  of  June  19,  1780. 
Committees  were  authorized  to  sell  to  lessees  at  an 
appraised  value,  or  to  others  at  public  or  private  sale 
if  the  lessee  refused  to  take  the  property  on  those 
terms.  In  cases  where  the  proceeds  of  sales  were 
inadequate  to  pay  debts,  committees  were  empowered 

1  Laws  and  Res.  of  Mass.  1780-81,  ch.  403,  p.  846. 

2  Laws  and  Res.  of  Mass.  1780-81,  ch.  524,  p.  925. 

3  Laws  and  Res.  of  Mass.  1780-81,  ch.  514,  pp.  919-921. 


52  THE  CHANDLER  CONFISCATION 

to  divide  such  proceeds  among  creditors  pro  rata, 
taking  bonds  for  the  repayment  of  the  creditor's 
ratable  proportion.1  If  it  be  borne  in  mind  that 
the  agents  had  been  called  upon  to  remit  to  the 
state  treasurer,  the  character  of  the  task  of  deter- 
mining the  solvency  of  the  estates  thus  imposed 
upon  the  committees  will  be  better  appreciated.  In 
the  Chandler  case,  several  of  the  claims  were  paid 
by  warrants  drawn  on  the  treasurer. 

Various  resolves  were  passed  in  the  summer  of 
1782,  the  purpose  of  which  was  to  stimulate  the 
settlement  of  estates  of  absentees.2 

It  would  seem  that  the  complicated  state  of  affairs 
brought  about  by  the  great  variety  of  legislation 
bearing  upon  the  settlement  of  the  estates  of  absen- 
tees carried  with  it  the  penalty  of  suits  against  agents 
and  committees  in  such  numbers  that  the  legislature 
was  obliged  to  come  to  their  defence.  This  was 
done  by  the  passage,  March  13,  1783,  of  an  act 
empowering  agents  and  members  of  committees  in 
certain  cases  to  plead  the  general  issue  and  give 
the  acts  and  resolves  of  the  general  court  and  any 
special  matter  in  evidence.3 

At  the  time  of  the  passage  of  this  last  act  it 
was  known  in  this  country  that  George  III.  had 
announced  at  the  opening  of  Parliament  that  a  pre- 

1  Laws  and  Res.  of  Mass.  1782-83,  ch.  69,  pp.  177-179. 

2  Laws  and  Res.  of  Mass.  1782-83,  ch.  88,  p.  232,  June  29,  1782; 
ch.  85,  p.  229,  July  1,  1782  ;  ch.  113,  p.  245,  July  4,  1782;  October 
21,  1782,  a  resolve  was  passed  containing  unimportant  instructions  to 
committees,  ch.  76,  p.  308. 

3  Laws  and  Res.  of  Mass.  1782-83,  ch.  70,  p.  179. 


LEGISLATION  53 

liminary  treaty  of  peace  had  been  signed  between 
Great  Britain  and  the  United  States.  The  pro- 
visional treaty,  concluded  in  November,  1782,  had 
at  last  become  operative  through  the  signing  in  Jan- 
uary, 1783,  of  the  preliminary  treaties  of  peace  be- 
tween Great  Britain  and  France  and  Spain.  The 
fifth  article  in  the  provisional  treaty  provided  that 
Congress  should  recommend  to  the  several  States  the 
revision  of  the  laws  against  refugees,  "  so  as  to  ren- 
der the  said  laws  or  acts  perfectly  consistent,  not 
only  with  justice  and  equity,  but  with  that  spirit  of 
conciliation  which,  on  the  return  of  the  blessings  of 
peace,  should  universally  prevail."  The  first  step 
taken  by  the  legislature  of  Massachusetts  in  this 
"  spirit  of  conciliation  "  was  the  passage,  on  the  2d 
of  July,  1783,  of  an  act  to  carry  into  execution  an 
act  made  in  the  year  one  thousand  seven  hundred 
and  seventy-eight,  entitled  an  act  to  prevent  the 
return  of  certain  persons  therein  named.  It  was 
prescribed  in  the  "  act  to  prevent  the  return  "  that 
the  Board  of  War  should  deport  absentees  who 
should  venture  to  return  to  the  state.  That  body,  it 
was  stated,  was  now  discontinued.  It  was  therefore 
provided  that  cases  arising  for  consideration  under 
that  act  should  be  examined  by  two  justices  of  the 
peace,  whose  decision  was  to  be  certified  to  the  gov- 
ernor. It  was  made  the  duty  of  the  governor  to 
cause  violators  of  the  law  to  be  deported,  and  it  was 
provided  that  a  second  return  of  the  refugees  was 
to  be  met  with  the  penalty  prescribed  in  the  original 
act,  which  was  death.  Replevin  suits  could  not  be 


54  THE  CHANDLER  CONFISCATION 

maintained  in  behalf  of  persons  arrested  under  this 
act.  Service  of  writs  in  such  suits  was  declared  to 
be  void,  and  the  officer  making  service  not  only 
became  subject  to  a  fine  of  £100,  but  was  by  the 
very  act  of  making  the  service  incapacitated  from 
making  further  legal  service  of  papers.  This  act 
was  to  remain  in  force  until  the  recommendation  of 
Congress  should  be  laid  before  the  court,  and  a  final 
determination  thereon  should  be  had.1 

March  18,  1783,  committees  were  authorized  to 
lease  for  one  year.2 

June  5,  the  committee  intrusted  with  the  settle- 
ment of  the  accounts  of  committees  on  absentees' 
estates  was  instructed  to  require  final  settlements 
and  to  have  balances  paid  over.3 

On  the  4th  of  October  a  resolve  was  passed  in- 
structing committees  appointed  to  make  sale  of  the 
estates  of  absentees  "to  surcease  the  sale  of  the 
said  estates  until  the  further  order  of  the  general 
court." 4 

The  definitive  Treaty  of  Peace,  executed  at  Paris 
in  September,  1783,  was  ratified  and  confirmed  by 
Congress  January  14,  1784,  and  a  broadside  was 
thereupon  issued,  calling  upon  all  good  citizens  and 
all  bodies  of  magistracy,  legislative,  executive,  and 
judiciary,  to  observe  its  terms  and  carry  into  effect 
its  definitive  articles.  The  fifth  and  sixth  articles 
of  the  treaty  were  similar  to  those  bearing  the  same 

1  Laws  and  Res.  of  Mass.  1783-83,  p.  499. 

2  Laws  and  Res.  of  Mass.  1782-83,  ch.  175,  p.  458. 
8  Laws  and  Res.  of  Mass.  1782-83,  ch.  10,  p.  680. 
4  Laws  and  Res.  of  Mass.  1782-83,  ch.  14,  p.  783. 


LEGISLATION  55 

numbers  in  the  provisional  treaty.  The  former  of 
these  articles  has  been  already  alluded  to.  The 
latter  provided  that  there  should  be  no  more  confis- 
cations of  the  property  of  loyalists  and  no  more 
prosecutions  by  reason  of  the  part  taken  by  them 
in  the  war.  What  legislation  follows  was  carried 
through  with  a  full  knowledge  of  the  character  of 
the  recommendations  of  Congress  which  were  re- 
ferred to  as  impending  in  the  last  paragraph  of  the 
act  of  July  2. 

The  first  step  taken  by  the  legislature  after  it 
was  furnished  with  knowledge  of  these  recommenda- 
tions was  to  put  forth  efforts  to  close  up  the  estates 
of  absentees.  March  16,  1784,  registers  of  probate 
were  ordered  to  return  to  the  secretary's  office  before 
June  10  all  accounts  rendered  by  agents  of  such 
estates.  If  any  agent  had  failed  to  render  his  ac- 
counts, registers  were  instructed  to  bring  suit  on  his 
bond.  Committees  having  absentees'  estates  in  their 
hands  were  ordered  to  make  a  return  to  the  secre- 
tary. He  in  turn  was  to  report  to  the  attorney- 
general  if  any  committees  were  delinquent  in  this 
respect,  and  it  was  made  the  duty  of  the  attorney- 
general  to  prosecute  such  delinquents.  It  was  at 
the  same  time  provided  that  there  should  be  no 
further  sale  of  estates  of  absentees,  either  as  a  whole 
or  in  part,  until  the  further  order  of  the  general 
court.1 

The  first  act  passed  in  which  the  obligations  of 
the  treaty  were  distinctly  recognized  was  the  "  Act 

1  Laws  and  Res.  of  Mass.  1782-88,  cb.  132,  p.  873. 


56  THE  CHANDLER  CONFISCATION 

for  repealing  two  laws  of  this  state,  and  for  assert- 
ing the  right  of  this  free  and  sovereign  common- 
wealth, to  expel  such  aliens  as  may  be  dangerous  to 
the  peace  and  good  order  of  government."  This 
act  became  a  law  March  24,  1784.1 

The  preamble  asserted  that  it  was  the  undoubted 
right  of  the  state  to  expel  such  aliens  as  were  pos- 
sessed of  dispositions  incompatible  with  the  safety 
or  sovereignty  of  the  state.  It  is  quite  possible  that 
in  the  more  liberal  spirit  of  to-day  we  should  be  in- 
clined to  assert  our  right  to  expel  from  the  country 
those  whose  presence  threatened  the  safety  of  the 
state,  but  our  sympathy  with  the  alleged  principle 
on  which  the  act  was  based  would  probably  stop  at 
this  point,  for  what  was  meant  by  it  was  more  speci- 
fically defined  in  the  next  sentence,  in  which  absen- 
tees were  pronounced  to  be  aliens.  Alas,  for  the 
hoped-for  spirit  of  conciliation.  All  those  who  had 
borne  arms  against  the  state  or  lent  money  to  Great 
Britain,  and  all  those  who  were  named  in  the  Confis- 
cation Act,  were  designated  as  aliens,  and  as  such 
ought  to  be  excluded  from  the  state.  The  admis- 
sion even  of  others  of  this  class  was  declared  to  be 
full  of  danger  to  the  state,  but  under  the  circum- 
stances it  was  thought  that  the  present  laws  for  their 
exclusion  were  not  calculated  to  produce  peace  and 
tranquillity.  Therefore  the  act  to  prevent  the  re- 
turn of  certain  persons  therein  named,  and  the  act 
to  carry  that  act  into  execution,  the  former  of  the 
year  1779,  the  latter  of  1783,  were  both  repealed. 
1  Laws  and  Res.  of  Mass.  1782-83,  p.  661. 


LEGISLATION  57 

This  of  course  threw  the  bars  down  and  let  in  every- 
body, but  to  make  it  clear  that  the  spirit  of  con- 
ciliation in  which  the  legislature  complied  with  the 
recommendation  of  Congress  did  not  go  far  enough 
to  permit  the  more  odious  of  the  loyalists  to  stay  in 
the  commonwealth  after  they  had  got  there,  it  was 
then  provided  that  absentees  named  in  the  Confisca- 
tion Act,  or  who  had  borne  arms  against  the  coun- 
try in  the  late  war,  who  should  return  to  the  state 
with  the  intent  to  reside  therein,  should  be  reported 
by  justices  of  the  peace  to  the  governor,  and  if  they 
did  not  immediately  depart  from  the  state  when 
thereto  ordered  by  the  governor,  they  were  to  be 
committed  to  jail. 

Absentees  of  other  descriptions  than  the  above 
were  required  to  take  out  licenses  from  the  governor, 
which  licenses  should  run  only  from  the  end  of  one 
general  court  to  the  end  of  the  next. 

The  sixth  article  of  the  treaty,  which  provides  that 
there  should  be  no  more  confiscations,  was  recognized, 
and  it  was  provided  that  lands  held  by  claimants 
April  19,  1775,  which  had  not  been  confiscated, 
should  be  restored  unless  they  were  pledged  for  the 
payment  of  debts  due  from  absentees.  From  the 
benefit  of  this  provision,  however,  those  named  in 
the  Confiscation  Act  were  excluded,  or  rather  it  would 
be  nearer  the  fact  to  say  that  an  attempt  was  made 
to  exclude  them.  This  was  done  by  referring  to 
the  Confiscation  Act  as  the  "  Act  of  1778,"  an  error 
of  date  which  compelled  subsequent  legislation  by 
way  of  correction. 


58  THE  CHANDLER  CONFISCATION 

On  the  2d  of  July,  1784,  it  was  ordered  that  con- 
fiscated estates  should  be  sold  by  auction  for  pub- 
lic securities.  From  this  order  estates  which  were 
insolvent  were  excepted.1  It  was  evident  that  the 
titles  to  the  confiscated  estates  acquired  by  the  pur- 
chasers at  the  auction  sales  were  assailed,  for  on  the 
28th  of  October,  1784,  a  resolve  was  passed  direct- 
ing the  attorney-general  to  appear  and  defend  the 
titles  of  confiscated  estates.2 

It  has  been  mentioned  that  corrective  legislation 
was  needed  to  cure  the  hasty  and  erroneous  descrip- 
tion of  the  Confiscation  Act  in  the  act  just  above 
described.  This  was  accomplished  November  10, 
1784,  by  an  act  in  addition  to  the  former  act,  in 
which  it  was  also  provided  that,  where  real  estate  of 
absentees  had  been  mortgaged  by  the  government, 
the  equity  of  redemption  should  be  regarded  as 
having  been  confiscated.  In  the  case  of  property 
leased  by  the  government,  the  rentals  were  deemed 
to  have  been  confiscated,  but  the  claimant  could  de- 
mand the  property  at  the  termination  of  the  lease. 
It  was  also  provided  in  the  same  act  that  all  acts  of 
agents  or  committees  in  connection  with  real  estate 
of  absentees  or  of  real  British  subjects,  where  the 
real  estates  had  not  been  confiscated,  if  such  acts 
were  done  according  to  law,  should  be  good  and 
valid.  Personal  estates  of  absentees,  sold  or  used, 
were  to  be  deemed  confiscated.  No  action  was  to  lie 

1  Laws  and  Res.  of  Mass.  178^-85,  ch.  58,  p.  234. 

2  Laws  and  Res.  of  Mass.  1784-85,  ch.  25,  p.  272. 


LEGISLATION  59 

against  an  agent.  If  sued,  he  might  plead  the  gen- 
eral issue  and  give  this  act  in  evidence.1 

The  same  day  a  letter  was  addressed  to  the  dele- 
gates to  Congress,  in  which  they  were  instructed  to 
ascertain  whether  it  would  consist  with  the  treaty 
for  the  legislature  to  debar  British  subjects  and  ab- 
sentees from  recovering  interest  during  the  war. 
What  did  the  expression  used  in  the  treaty,  "  bona- 
fide  debt,"  mean  ?  Ought  it  to  include  interest 
during  the  war  ? 

These  questions  arose  under  the  fourth  article 
of  the  treaty,  which  provided  that  no  lawful  imped- 
iment should  be  imposed  to  the  recovery  of  debts 
theretofore  contracted.  Pending  an  answer  which 
should  furnish  the  congressional  interpretation  of 
the  treaty,  actions  for  interest  were  suspended  until 
the  next  session  of  the  legislature.2  When  that 
event  took  place,  the  reply  of  Congress  to  these 
questions  was  still  in  abeyance.  A  resolve  was  there- 
fore passed  on  the  7th  of  February,  1785,  continu- 
ing the  resolve  of  November  10  in  force  until  the 
further  order  of  the  general  court.3 

Whether  that  order  has  ever  been  made  can  be 
determined  by  search  of  the  records,  if  any  person 
should  deem  it  worth  while. 

1  Laws  1784-85,  chap.  31  —  1784,  p.  105. 

2  Laws  and  Res.  of  Mass.  1784-85,  pp.  300,301. 

3  Laws  and  Res.  of  Mass.  1784-85,  p.  338. 


CHAPTER  IV 

THE   VALUE    OF   THE   ESTATE 

AMONG  the  papers  in  the  probate  files  are  two 
appraisals  of  the  real  estate  made  at  different  times. 
Under  the  instructions  given  to  the  appraisers,  these 
returns  were  made  in  "lawful  money."  The  second 
of  these  appraisals  is  more  than  double  the  first,  a 
condition  of  affairs  which  compels  investigation  as 
to  its  meaning.  As  if  to  help  us,  a  third  valuation 
of  the  real  estate,  at  a  still  earlier  date,  is  to  be 
found  in  the  London  transcripts.  This  was  made  in 
sterling  by  Chandler  himself,  and  was  corroborated 
by  the  affidavits  of  several  persons  familiar  with 
the  value  of  the  different  parcels  of  land  mentioned 
in  the  schedule.  By  the  term  "  lawful  money,"  the 
currency  in  use  in  New  England  was  meant,  the  par 
value  of  which  was  six  shillings  to  the  Spanish  dol- 
lar, or  piece  of  eight,  of  seventeen  pennyweight.  In 
order  to  compare  Chandler's  valuations  with  those 
of  the  local  appraisers,  one  must  add  thirty-three 
and  one  third  per  cent.,  the  Spanish  dollar  being 
rated  at  4s.  6d.  in  sterling,  about  that  time.  We 
can  easily  identify  the  farms,  wood-lots,  and  pastures 
in  the  several  inventories,  and  if  we  place  them  side 
by  side,  and  convert  Chandler's  values  into  "  lawful 


THE  VALUE  OF  THE  ESTATE 


61 


money,"  we  shall  have  three  appraisals  of  the  real 
estate,  all  nominally  in  money  of  the  same  standard : 
one  by  Chandler  giving  the  values  in  1774 ;  one  by 
local  appraisers  in  1778 ;  and  the  third  also  by  local 
appraisers  in  1779.1  The  differences  of  the  apprais- 
als will  be  better  appreciated  if  presented  in  tabular 
form,  and  in  order  that  we  may  condense  the  table, 
it  will  be  well  to  dispense  with  shillings  and  pence 
and  take  the  nearest  pound. 


Chandler's  Schedule. 

Appraisers'  Valuation. 

Acres 
from 

Property. 

1774. 

1774. 

1778. 

1779. 

Chandler. 

Sterling. 

Lawful 
Money. 

Lawful 
Money. 

Lawful 
Money. 

Lawful 

Money. 

tt 

Mansion  House    .     . 

750 

1,000 

_ 

2,500 

5,000 

180! 

Mill  Farm  .... 

1,500 

2,000 

- 

4,000 

12,000 

17| 

Mill  Stone  Hill  wood- 

lot  

52 

70 

_ 

_ 

255 

m 

Cedar  Swamp      .     . 

165 

220 

- 

80 

120 

Tertnuck  Pasture    . 

248 

331 

- 

500 

1,200 

Ofil 

Worcester  Pasture  . 

133 

176 

- 

260 

800 

256) 
50) 

Uptown  Farm      .     . 

1,280  ) 
160) 

1,707  1 
213  J 

- 

5,500 

15,000 

203 

Downtown  Farm 

1,800 

2,400 

- 

6,500 

17,700 

322 

Chestnut  Hill  Farm  . 

1,130 

1,507 

- 

3,500 

10,000 

$200 

f  Charlton  Farm 

400 

533 

- 

2,000 

3,000 

65 

87 

_ 

200 

400 

Royalston  .... 

474 

632 

- 

1,100 

1,270 

Hampshire  County  . 

2,305 

3,073 

2,530 

8,696 

8,770 

Leominster      .     .     . 

~ 

~~ 

" 

1,000 

1,000 

10,462 

13,949 

35,836 

76,515 

1  Dr.  Chandler,  in  his  Chandler  Family,  in  treating  of  Colonel 
Chandler,  introduced  as  an  item  in  the  1779  inventory  the  total  of 
the  real  estate.  This  error  has  been  copied  by  other  writers,  and  the 
conception  of  Chandler's  wealth  has  been  thereby  greatly  magnified. 


62  THE  CHANDLER  CONFISCATION 

The  appraisers'  valuations  are  taken  from  the 
documents  on  file  in  the  probate  court.  Chandler's 
schedule  accompanied  a  petition  to  the  commission- 
ers appointed  to  investigate  the  claims  of  American 
loyalists,  and  is  taken  from  the  papers  in  the  Public 
Record  Office,  London. 

We  have  here  a  scale  of  valuation  ascending  as 
time  progresses.  The  basis  of  the  valuation  fixed 
by  Chandler  and  his  friends,  and  also  that  of  the 
1774  appraisal  of  the  Hampshire  County  appraisers, 
is  undoubtedly  silver  coin,  in  the  former  case  ster- 
ling, in  the  latter  New  England  money.  If  silver 
coin  is  also  the  basis  of  the  later  valuations,  we 
have  here  evidence  of  a  condition  of  prosperity  in 
Massachusetts  utterly  at  variance  with  our  precon- 
ceived notions  of  the  distress  caused  by  the  grievous 
burden  of  war  taxes,  and  totally  inconsistent  with 
the  language  used  by  the  selectmen  of  Worcester 
in  their  petition  to  the  general  court  for  a  reduction 
of  the  town's  taxes  in  November,  1779.1  As  a  mat- 
ter of  fact,  it  cannot  be  supposed  for  a  moment  that 
there  was  any  general  appreciation  of  the  actual 
value  of  property  in  Massachusetts  at  that  time.  It 
follows,  therefore,  that  the  appraisers,  in  estimating 
the  values  which  they  stated  in  "lawful  money," 
must  have  made  use  of  a  standard  which  was  sub- 
ject to  fluctuations.2 

1  Acts  and  Res.  Prov.  Mass.  Ray,  vol.  v.  p.  1250. 

2  Lawful  money,  according  to  its  strict  definition,  ought  not  to 
have  fluctuated.     Yet  we  find  Governor  Trumbull  of  Connecticut 
saying  in  November,  1779  :  "  Their  prices  of  2/  &  1/6  as  heretofore 
fixed,  I  understand  to  be  in  L.  money,  agreeable  to  its  value  in  1774." 
Mass.  Hist.  Coll.,  7th  ser.  vol.  ii.  p.  451. 


THE  VALUE  OF  THE  ESTATE  63 

Was  there  any  other  definition  of  lawful  money 
to  be  derived  from  the  statutes,  which  would  have 
justified  the  use  by  the  appraisers  of  the  phrase  in 
their  inventories,  and  which  would  have  applied  to  a 
circulating  medium  the  depreciation  of  which  would 
correspond  with  the  advance  of  the  appraisals  ?  It 
would  seem  as  if  the  answer  to  the  several  points 
covered  by  this  question  ought  to  be  revealed  by  an 
examination  of  the  currency  emissions  of  Massachu- 
setts, a  study  of  the  scale  of  depreciation  of  the  cur- 
rency then  in  circulation,  and  a  determination  of  the 
ratio  of  the  advance  made  by  the  appraisers.  If 
these  should  fail  to  solve  the  riddle,  still  they  may 
be  profitable  through  their  negative  results. 

The  first  paper  money  put  forth  by  Massachusetts 
at  that  time  was  in  August,  1775.  Bills  of  credit 
to  the  amount  of  so  much  lawful  money  were  ordered 
to  be  prepared,  and  on  the  face  of  the  bills  it  was 
simply  stated  that  the  possessor  should  be  paid  so 
much  lawful  money  by  a  given  date.  It  was  pro- 
vided that  the  bills  should  be  received  at  the  treasury 
and  in  all  payments  at  their  stated  denominational 
value,  and  a  penalty  was  prescribed  for  receiving  or 
paying  them  at  a  discount.  They  were,  therefore, 
practically  declared  to  be  not  only  lawful  money  but 
legal  tenders.  Shortly  thereafter  bills  of  the  United 
States  were  put  on  a  par  with  them  by  giving  the 
former  also  the  legal  tender  function,  an  attribute 
which  they  retained  until  the  passage  in  1780  of  the 
act  in  which  the  official  scale  of  depreciation  was 
adopted. 


64  THE  CHANDLER  CONFISCATION 

Meantime  the  colony,  and  afterwards  the  state, 
had  from  time  to  time  emitted  bills  of  credit  bearing 
upon  their  face  the  term  "  lawful  money,"  and  had 
also  concurrently  borrowed  large  sums  of  money  on 
the  treasurer's  interest-bearing  notes.  Beginning 
with  December,  1776,  the  practice  of  emitting  trea- 
surer's notes  exclusively  to  lenders  of  bills  of  credit 
was  abandoned,  and  the  policy  was  inaugurated  of 
issuing  interest-bearing  notes  to  meet  the  current 
obligations  of  the  state.  After  that  month,  no  more 
lawful  money  bills  of  credit  were  emitted.  Conti- 
nental money  and  interest-bearing  treasurer's  notes 
usurped  their  place,  and  the  policy  of  withdrawing 
the  bills  of  credit  altogether  came  under  discussion. 
In  September,  1777,  the  treasurer  was  ordered  not 
to  pay  out  bills  of  credit  except  those  under  six  shil- 
lings in  denomination.1 

This  was  intended  as  a  serious  blow  to  the  circu- 
lation of  the  bills,  since  the  greater  part  of  those 
which  had  been  emitted  were  of  the  denomination 
of  six  shillings  or  upwards.  In  October,  1777,  all 
bills  for  six  shillings  and  upwards  were  called  in 
for  exchange  for  treasurer's  interest-bearing  notes. 
Various  dates  were  from  time  to  time  assigned,  be- 
yond which  the  lawful  money  bills  of  credit  were 
not  to  be  permitted  to  circulate,  the  last  apparently 
being  August,  1779.  Before  this  date  was  reached, 
in  June,  1779,  nearly  all  of  them  were  burned  in  the 
presence  of  a  committee  of  the  general  court.2 

1  Acts  and  Res.  Proa.  Mass.  Bay,  vol.  v.  p.  815. 

2  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  822. 


THE  VALUE  OF  THE  ESTATE  65 

The  exchange  of  these  bills  for  treasury  notes 
was  apparently  ordered  to  be  made  at  par,  showing 
that  the  lawful  money  bills  and  the  interest-bearing 
notes  had  up  to  that  time  shared  the  same  depre- 
ciation. Inasmuch  as  the  continental  bills  were 
specifically  recognized  by  legislation  as  being  upon 
an  equality  with  the  state  bills  of  credit  in  the  legal 
tender  function  as  late  as  May,  1777,  soon  after 
which  they  became  the  recognized  measures  of 
value,  it  is  probable  that  the  scale  of  depreciation 
applies  to  all  three  of  these  classes  of  currency,  up 
to  the  time  when  the  actual  withdrawal  of  the  law- 
ful money  bills  prevented  their  further  consideration 
in  connection  with  questions  of  discount. 

The  treasurer's  notes  find  no  special  mention  in 
the  legislation  bearing  upon  the  question  of  depre- 
ciation, but  there  is  every  indication  that  they  con- 
tinued to  parallel  the  course  of  the  continental  bills 
in  their  downward  career,  although  at  first  it  was 
evidently  thought  that  they  would  not  add  to  the 
circulating  medium.  They  were  of  large  denomina- 
tions ;  they  were  for  short  terms,  and  they  bore  in- 
terest. It  was  thought  that  capitalists  would  select 
them  for  their  cash  balances,  but  it  was  not  realized 
that  this  would  release  for  circulation  other  notes  or 
bills  of  the  same  value. 

After  the  general  court,  in  October,  1777,  passed 
the  act  retiring  the  lawful  money  bills,  they  received 
remonstrances  from  many  parts  of  the  state.  In 
reply  to  these  the  representatives  in  December  of 
the  same  year  issued  an  address  to  the  people  in 


66  THE  CHANDLER  CONFISCATION 

which  they  argued  that  this  step  was  of  great  ad- 
vantage because  it  left  but  one  species  of  currency, 
the  continental.  They  said  that  there  was  a  neces- 
sity for  calling  in  their  own  currency  —  referring 
thereby  to  the  lawful  money  bills  —  in  the  speediest 
manner.  The  good  effects  of  calling  in  the  bills, 
they  added,  "  are  already  obvious  in  many  respects, 
and  nothing  seems  wanting  but  perseverance  to  reap 
the  real  benefit  of  it."  * 

We  have  seen  that  some  of  these  lawful  money 
bills  continued  in  circulation  until  the  summer  of 
1779,  but  it  is  a  fair  inference  from  what  the  repre- 
sentatives said  in  December,  1777,  that  they  were 
then  retired  in  such  numbers  as  to  afford  actual  re- 
lief to  the  situation.  It  is  improbable  that  the  lim- 
ited number  which  continued  to  circulate  could  have 
been  distinguished  in  any  way  from  the  currency 
upon  which  the  community  depended  for  a  medium 
of  trade. 

We  have  an  official  schedule  of  depreciation 
adopted  by  the  general  court  in  1780,2  which  by  its 
terms  applies  only  to  United  States  bills  of  credit. 
Continental  bills  were  then  the  measure  of  value 
adopted  in  the  tax  acts  for  use  by  the  assessors,  and 
collectors  were  ordered  to  receive  them  in  payment 
for  taxes.3  In  this  scale,  the  time  at  which  the  depre- 
ciation was  first  legally  recognized  was  fixed  at  Janu- 
ary, 1777.  One  hundred  dollars  in  coin  were  said, 

i  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  pp.  818-820. 
a  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  1412  et  seq. 
s  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  1035. 


THE  VALUE   OF  THE  ESTATE  67 

in  the  scale,  to  have  been  worth  at  that  time  one 
hundred  and  five  in  bills.  By  January,  1778,  the 
hundred  and  five  had  become  three  hundred  and 
twenty-five.  In  1779,  seven  hundred  and  forty-two 
dollars  in  bills  were  required  to  purchase  one  hun- 
dred in  coin,  while  at  the  corresponding  date  in 
1780,  so  rapid  had  been  the  advance  of  the  price 
of  gold  that  two  thousand  nine  hundred  and  thirty- 
four  dollars  in  bills  were  then  required  to  effect 
the  same  purchase. 

Let  us  now  turn  to  our  tabular  statement  of  the 
values  set  upon  the  estate  in  the  various  returns  at 
our  command.  It  will  be  seen  at  a  glance  that  every 
item  in  the  schedule  submitted  by  Chandler  shares 
in  the  advance,  with  the  exception  of  the  Cedar 
Swamp  lot.  The  value  of  this  was,  probably,  vested 
in  standing  timber.  It  is  not  unlikely  that  the  lower 
valuation  given  by  the  appraisers  in  the  later  ap- 
praisals was  due  to  the  fact  that  the  timber  had  been 
in  the  mean  time  felled.  The  schedule  of  1778  does 
not  contain  the  Millstone  Hill  wood-lot,  and  Chan- 
dler's schedule  does  not  contain  the  Leominster  land, 
but  setting  aside  these  omissions,  the  total  valuation 
of  the  1778  appraisal  is  about  two  and  one  half 
times  Chandler's  valuation,  while  the  1779  appraisal 
is  about  five  and  one  half  times  as  great  as  Chan- 
dler's. The  mansion  house  was  in  1778  set  down 
as  worth  exactly  two  and  one  half  times  what  it  was 
in  1774,  and  in  1779  had  doubled  the  1778  valua- 
tion. The  Mill  farm  had  doubled  its  value  in  1778, 
and  was  worth  six  times  the  original  valuation  in 


68  THE  CHANDLER  CONFISCATION 

1779.  The  Uptown  farm  had  increased  in  value 
nearly  twofold  in  1778,  and  in  1779  was  rated  over 
five  times  as  high  as  in  1774. 

These  examples  are  selected  because  they  repre- 
sent the  most  salable  of  the  property.  It  will  be 
seen  that  they  do  not  correspond  with  each  other 
sufficiently  to  deduce  from  them  any  specific  rates 
of  advance,  but  taken  in  connection  with  the  rest  of 
the  table,  they  indicate  a  nominal  rise  in  value  of 
about  threefold  in  1778,  and  of  from  six  to  seven 
fold  in  1779.  These  appraisals  were  made  in  the 
fall  of  1778  and  in  December,  1779,  and  if  we 
could  head  the  column  in  the  table  January,  1778, 
and  January,  1779,  we  might  consider  the  problem 
solved,  for  at  these  dates  three  hundred  and  twenty- 
five  and  seven  hundred  and  forty-two  dollars  in  bills, 
respectively,  were  equivalent  to  one  hundred  dollars 
in  coin.  In  December,  1779,  when  we  find  the  ratio 
of  the  appraisals  about  seven  for  one,  the  scale  of 
depreciation  shows  nearly  twenty-six  for  one. 

It  is  evident  that  the  appraisers  did  not  use  silver 
at  par  as  the  basis  of  their  valuation.  It  is  equally 
clear,  if  the  appraisals  are  correctly  dated,  and  if 
Chandler's  estimate  of  values  can  be  accepted  as 
even  approximately  correct,  that  the  changes  in  the 
valuations  made  by  the  appraisers  did  not  correspond 
with  those  of  the  bills  named  in  or  covered  by  the 
scale  of  depreciation.  It  is  certain  that  during  the 
period  that  the  "  lawful  money  "  bills  of  credit  were 
in  circulation,  these  bills,  even  if  discredited,  would 
have  come  within  the  statutory  definition  of  lawful 


THE  VALUE   OF  THE  ESTATE  69 

money.  The  withdrawal  of  nearly  all  of  them  from 
circulation  must  have  made  it  impracticable  to  de- 
termine their  discount  at  any  given  time  after  the 
withdrawal  began,  and  thus  takes  away  from  our 
consideration  the  only  form  of  paper  money  which 
might  have  given  us  the  key  with  which  to  solve 
this  puzzle.  Up  to  a  certain  point  in  the  progress 
of  the  discount  of  the  paper  money,  we  might  have 
been  compelled  to  consider  whether  the  silver  in  cir- 
culation might  not  have  paralleled  the  paper  money 
in  its  decline.  We  know  that  in  1705  the  piece  of 
eight  "  of  scarce  fifteen  pennyweight "  passed  for 
six  shillings.  It  must  have  been  true,  however,  that 
long  before  the  first  of  the  local  appraisals  was 
made,  the  discount  of  the  paper  money  had  become 
too  great  for  even  light  weight  and  clipped  coins  to 
remain  in  circulation. 

If  we  cannot  reconcile  these  valuations  with 
any  theory  as  to  the  "  currency  "  or  the  "  lawful 
money  "  based  upon  the  facts  as  we  know  them,  we 
can  only  arrive  at  arbitrary  conclusions,  resting  not 
so  much  upon  what  our  study  has  actually  disclosed 
as  upon  inferences  that  appear  to  be  unavoidable. 
It  seems  to  me  that  the  returns  of  the  appraisers 
were  intended  to  be  made  in  terms  of  the  currency 
then  in  circulation.  If  such  was  the  case,  then  the 
estate  must  have  been  greatly  undervalued  by  the 
local  appraisers.  The  author  of  the  note  entitled 
"  The  Loyalists  and  their  Fortunes,"  in  volume  vii. 
of  Winsor's  "  Narrative  and  Critical  History  of 
America,"  says  in  a  note  (page  212),  "  They  [the  loy- 


70  THE  CHANDLER  CONFISCATION 

alists]  complained  of  trickery,  fraud,  and  gross  in- 
justice practiced  towards  them  here.  The  real  value 
of  their  property  was  underestimated  in  the  sworn 
invoices  sent  to  them."  The  inventories  referred  to 
herein  were  not  sworn  invoices  sent  to  Chandler. 
They  were  returns  to  the  judge  of  prohate,  but 
some  of  the  motives  which  would  have  led  to  an 
underestimate  in  a  statement  to  be  used  in  England 
might  have  influenced  these  appraisers  in  their  re- 
turns. At  all  events,  if  the  appraisers  made  use  of 
the  currency  which  then  constituted  the  circulating 
medium  of  the  state,  and  if  the  alleged  dates  of  the 
appraisals  are  correct,  the  real  estate  was  greatly 
undervalued. 


CHAPTER  V 

THE  PAPERS  OF  THE  PROBATE  FILES  ANALYZED 

THE  papers  and  records  of  this  case  may  be  clas- 
sified under  four  heads :  the  probate  files  at  Worces- 
ter; the  records  of  the  Inferiour  Court  of  Common 
Pleas,  at  Worcester ;  the  papers  in  the  Massachu- 
setts Archives ;  and  the  documents  in  London,  called 
herein  the  London  transcripts. 

The  first  in  the  series  in  the  probate  files  at 
Worcester  is  dated  April  18,  1777,  and  is  a  certifi- 
cate addressed  to  the  judge  of  probate,  and  signed 
in  behalf  of  the  committee  of  correspondence  of 
the  town  by  its  chairman,  to  the  effect  that  John 
Chandler  and  certain  other  persons  had  fled  to  the 
enemy.1  This  document  was  prepared  under  section 
one  of  the  act  to  prevent  the  waste,  destruction, 
and  embezzlement  of  the  goods  or  estates  of  refu- 
gees,2 and  conforms  to  the  requisites  of  the  act  in 
setting  forth  a  state  of  circumstances  which  would 
give  the  judge  of  probate  jurisdiction,  provided  he 
did  not  insist  upon  a  technical  compliance  with  the 
language  of  the  act. 

The  certificate  was  in  the  following  language :  — 

1  See  Appendix  for  copies  of  the  papers  referred  to. 

2  Acts  and  Res.  Prow.  Mass.  Bay,  vol.  v.  p.  629  et  seq. 


72  THE  CHANDLER  CONFISCATION 

WORCESTER,  April  18, 1777. 

To  the  Honorable  Levi  Lincoln,  Esq*  Judge  of  Pro- 
bate for  the  County  of  Worcester. 
The  Committee  of  Correspondence,  Inspection  & 
Safety  for  this  Town,  would  inform  your  Honor, 
that  Agreeable  to  a  late  act  of  the  Great  and  Gen- 
eral Court  of  this  State,  to  prevent  waste,  destruc- 
tion, or  embezzlement  of  the  Estates  of  those 
persons  who  have  left  them  &  fled  to  the  enemy  and 
as  by  said  act  information  must  come  to  the  Judge 
from  the  Selectmen  or  Committees  of  said  Towns 
where  said  Estates  are  .  .  .  The  Committee  for  this 
Town  in  conformity  to  said  Act  would  inform  your 
Honor,  that  John  Chandler,  Esqr.  has  absented  him- 
self, leaving  a  wife  &  family,  that  James  Putnam, 
Esqr.  has  absented  himself,  with  his  whole  family 
excepting  one  negro  man.  .  .  .  That  Rufus  Chan- 
dler has  absented  himself  with  his  wife  leaving  one 
child.  .  .  .  That  Doctr.  William  Paine  has  absented 
himself  &  since  sent  for  his  wife  leaving  one  child, 
...  all  which  persons  except  Mrs.  Paine  have  been 
absent  more  than  three  months  &  said  Committee 
verily  believe  have  fled  to  the  enemy.  By  order  of 
the  Committee  of  Correspondence  &c  for  Worces- 
ter. 

JOHN  CUNNINGHAM,  Chairman. 

The  section  of  the  act  under  which  this  certificate 
is  drawn  requires  the  certificate  to  be  under  the 
hands  of  the  major  part  of  the  selectmen  or  com- 
mittee of  correspondence,  etc.,  authorized  to  make 


THE  PROBATE  FILES  73 

it,  and  the  law  also  demands  that  the  officers  mak- 
ing it  should  set  forth  :  1st,  that  the  refugee  was 
an  inhabitant  of  their  town ;  2d,  that  he  had  been 
absent  for  three  months  or  upwards ;  3d,  that  he 
left  real  or  personal  estate,  within  the  state,  to  the 
value  of  twenty  pounds  or  more ;  4th,  that  those 
who  furnish  the  certificate,  upon  the  best  informa- 
tion they  can  obtain,  verily  believe  that  the  absent 
person  went  to  the  enemy ;  5th,  that  this  act  was 
voluntary  on  his  part ;  6th,  that  he  was  still  absent ; 
7th,  that  he  was  out  of  the  state  at  the  time  when 
the  certificate  was  drawn  up. 

This  certificate  totally  fails  to  come  up  to  the  first 
requirement  of  the  act.  It  was  not  under  the  hands 
of  the  major  part  of  the  committee  of  correspond- 
ence, etc.  Moreover,  the  committee  seem  to  have 
been  in  error  as  to  the  necessary  premises  to  give 
them  power  to  act  in  the  matter.  They  assert  in 
the  certificate  that  the  information  given  to  the 
judge  must  come  from  the  selectmen  or  committee 
of  the  towns  in  which  the  estates  of  the  refugee 
lie.  The  act  does  not  require  that  the  estates 
should  lie  in  the  town,  but  does  require  that  the 
absentee  should  have  been  an  inhabitant  thereof. 
The  certificate  does  not  set  this  fact  forth.  It  also 
fails  to  allege  that  the  abandoned  estate  within  the 
state  was  worth  twenty  pounds  or  more.  The  fact 
that  the  belief  on  the  part  of  the  committee  that 
the  absentee  went  to  the  enemy  was  based  upon  the 
best  intelligence  they  could  obtain  is  not  averred, 
nor  is  the  important  fact  alleged  that  his  flight  was 


74  THE  CHANDLER  CONFISCATION 

voluntary.  The  certificate  does  not  specifically  as- 
sert that  the  absentee  was  still  absent  from  Worces- 
ter, nor  that  he  was  then  out  of  the  state.  It  may 
be  said  that  some  of  these  omissions  were  matters 
of  inevitable  inference  from  what  was  actually  said, 
and  that  all  of  them,  even  the  most  important,  were 
currently  believed.  It  cannot  be  doubted  that  all 
of  these  defects  are  merely  technical,  and  that  their 
occurrence  in  the  certificate  is  to  be  ascribed  to  lack 
of  skill  on  the  part  of  the  person  who  drafted  the 
document.  Where  jurisdiction  of  the  courts  could 
be  acquired,  in  cases  involving  the  right  to  the  pos- 
session of  so  great  an  amount  of  property,  by  the 
mere  assertion  of  belief  to  certain  facts  based  upon 
the  best  information  available,  it  would  probably  be 
asking  too  much  to  insist  that  the  judges  should 
have  required  a  technical  compliance  with  the  law 
on  the  part  of  the  committee,  in  order  to  gain  juris- 
diction. 

It  was  to  escape  from  the  persecutions  from  his 
former  friends  and  neighbors,  from  which  he  had 
already  suffered,  and  which  would  inevitably  have 
been  continued  unless  he  should  abandon  his  polit- 
ical opinions,  that  Chandler,  in  the  fall  of  1774, 
sought  safety  in  Boston,  and  it  is  not  surprising, 
under  these  circumstances,  that  the  omission  in  the 
certificate  of  the  allegation  on  the  part  of  the  com- 
mittee that  the  flight  was  voluntary  was  overlooked 
by  the  judge  of  probate. 

Upon  the  filing  of  a  certificate  by  the  proper  of- 
ficers, which  should  set  forth  the  requisite  facts,  the 


THE  PKOBATE  FILES  75 

judge  of  probate  was  authorized  and  empowered 
to  nominate  and  appoint  a  discreet  person  to  be 
agent  of  the  absentee.  Such  agent  was  required  to 
file  an  inventory  of  the  estate  within  three  months, 
and  was  instructed  to  sell  at  public  auction  the  per- 
sonal estate,  except  as  otherwise  provided  for,  and 
with  the  proceeds  to  pay  creditors  within  the  United 
American  States.  Any  surplus  remaining  in  the 
hands  of  the  agent  after  such  payments  was  to  be 
paid  in  to  the  treasurer  of  the  state. 

On  the  7th  of  May,  Joseph  Allen  was  ap- 
pointed "Agent  on  the  Estate  of  John  Chandler, 
Esq."  Allen  filed  a  bond  with  two  sureties,  having 
a  penalty  of  two  thousand  pounds  lawful  money, 
for  the  faithful  performance  of  the  duties  which 
under  the  statute  he  was  required  to  perform.  It  is 
through  the  date  of  this  bond,  and  through  the  time 
fixed  therein  for  the  return  of  the  inventory,  that  we 
are  able  to  fix  the  time  of  Allen's  appointment.  The 
bond  was  dated  May  7,  and  the  agent  bound  him- 
self to  file  the  inventory,  which  was,  by  the  statute, 
required  within  three  months  of  the  appointment, 
"at  or  before  the  seventh  day  of  August  next  ensu- 
ing." The  bond,  which  is  number  2  on  our  list,  was 
drawn  up  with  skill,  but  the  blanks  left  to  be  filled 
in  on  execution  still  bear  witness  to  the  carelessness 
or  incompetency  of  those  who  supervised  this  act. 

It  was  provided  in  section  two  of  the  act  to  pre- 
vent waste,  etc.,  that  persons  should  be  appointed 
and  sworn  to  appraise  the  estate  which  should  come 
into  the  hands  of  the  agent  in  the  same  manner  as 


76  THE  CHANDLER  CONFISCATION 

was  then  required  in  the  settlement  of  the  estates 
of  deceased  persons.  The  next  four  papers  from 
the  files  are  orders  of  the  probate  court  appointing 
appraisers  in  Worcester,  in  Hampshire  County,  in 
Leominster,  and  in  Royalston.  Upon  each  of  these 
documents  the  jurat  certifying  the  oath  which  was 
administered  to  the  respective  appointees  is  duly 
entered.1  The  appraisers  were  ordered  severally  to 
appraise  the  property  in  lawful  money,  and  to  make 
their  returns  as  soon  as  conveniently  might  be. 
Special  instructions  were  given  to  the  Worcester 
appraisers  as  follows :  "  If  the  said  absent  person 
left  a  wife  behind  him  or* family  you  are  to  apprize 
the  bedding  utensils  and  implements  of  household 
furniture  every  article  separately  by  itself,  and  if 
there  are  any  in  the  family  of  the  sd  John  Chandler 
Esqr.  which  he  was  obliged  to  support,  who  are  not 
able  to  maintain  themselves,  you  will  return  their 
names  with  their  several  inabilities  and  the  sup- 
port they  stand  in  need  of."  In  the  instruments 
themselves,  these  orders  of  appointment  are  termed 
warrants.  The  document  which  was  issued  to  the 
Leominster  appraisers  contains  not  only  the  original 
warrant  and  the  jurat,  but  also  bears  the  return  of 
the  appraisers.  There  being  but  one  piece  of  land 
in  Leominster,  the  appraisers  immediately  upon  ap- 

1  In  the  warrant  of  the  Hampshire  County  appraisers,  the  first  of 
the  appointees  is  named  John  Cutting.  The  oath  to  perform  the 
duties  was  according  to  the  jurat  administered  to  John  Kirkland. 
There  is  nothing  in  the  papers  to  explain  this.  Kirkland  is  described 
in  the  jurat  as  "  one  of  the  appraisers." 


THE  PROBATE  FILES  77 

pointment  made  their  return,  and  recorded  the  same 
upon  the  warrant  itself. 

The  special  instructions  to  the  Worcester  apprais- 
ers, heretofore  quoted,  were  in  recognition  of  the 
rights  accruing  to  the  family  under  the  fifth  section 
of  the  act  to  prevent  waste,  etc.  Judges  of  pro- 
bate were,  by  that  section,  authorized  and  empow- 
ered "  to  allow  bedding,  utensils  and  implements  of 
household  furniture,  necessary  to  the  upholding  of 
life,  for  the  use  of  the  wife  and  family  of  the  ab- 
sent person."  The  judge  could  "  also  assign  to  the 
wife  the  use  and  improvement  of  one  third  part  of 
the  real  estate,  during  the  absence  of  the  husband." 

The  seventh  document  of  the  files  is  a  petition  to 
the  judge  of  probate,  on  the  part  of  Mary  Chan- 
dler, November  20,  1778,  requesting  him  to  use  the 
power  lodged  in  his  hands  by  the  act,  and  assign  to 
her  one  third  part  of  the  improvement  of  her  said 
husband's  real  estate,  during  his  absence.  This 
petition  was  not  granted  by  the  judge,  and  as  the 
family  at  this  time  must  have  been  dependent  upon 
the  estate  for  support,  we  must  look  elsewhere  for 
authority  for  the  agent  to  apply  any  part  of  the  in- 
come of  the  estate  for  this  purpose.  This  is  to  be 
found  in  the  resolve  passed  June  25, 1776,  author- 
izing committees  of  correspondence  having  estates 
of  refugees  in  their  possession  to  allow  for  the  sup- 
port of  the  families  so  much  of  the  improvements 
as,  combined  with  the  industry  of  the  families, 
would  provide  for  their  comfortable  support.1  In 
1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  711. 


78  THE  CHANDLER  CONFISCATION 

the  act  to  prevent  waste,  etc.,  in  the  eleventh  sec- 
tion, similar  power  is  lodged  in  the  hands  of  the 
judge  of  probate.  He  was  authorized  to  allow  out 
of  the  rents  and  profits  of  the  estate,  for  the  better 
support  of  those  persons  remaining  in  the  state  and 
demeaning  themselves  as  faithful  subjects,  whom 
the  absentee  was  obliged  to  support,  such  sum  of 
money  as  he  should  judge  reasonable,  having  regard 
to  their  ability  to  support  themselves.  The  instruc- 
tions to  the  Worcester  appraisers  show  that  the 
judge,  in  drafting  them,  had  this  section  in  mind. 
The  appraisers  were  to  return  the  names  of  those  in 
the  family  unable  to  support  themselves,  with  their 
several  inabilities  and  the  aid  of  which  they  stood 
in  need. 

The  next  documents  in  the  files  are  the  returns 
of  the  appraisers,  other  than  those  appointed  from 
Leominster,  whose  return  was  made  at  once  on  the 
warrant  of  appointment.  The  Royalston  apprais- 
ers, November  28,  1778,  estimated  the  value  of  the 
real  estate  there  at  ,£1100.  The  Hampshire  County 
appraisers  first  made  a  return  of  the  value  of  the 
property  in  1774,  1775,  but  the  agent  objected  to 
this,  and  they  then  added  what  they  supposed  to 
be  the  additional  value  of  the  lands  in  December, 
1778.1  The  general  effect  of  this  was  to  increase 
the  valuation  nearly  three  and  one  half  fold. 

1  This  Hampshire  County  property  was  the  subject  of  protracted 
controversy  before  the  General  Court.  It  was  originally  purchased 
from  the  Province  at  public  auction  and  conveyed  by  the  purchaser 
to  four  grantees,  Chandler  being  one.  The  purchasers  petitioned  for 
a  rebate  from  the  purchase  price,  and  the  matter  was  compromised 


THE  PROBATE  FILES  79 

The  returns  of  the  Worcester  appraisers  of  the 
real  and  personal  estate  are  in  separate  parts  and 
carry  two  dates.  The  detailed  inventory  of  the 
personal  property  bears  the  inscription,  "  Done  at 
Worcester,  April  ye  7,  1777."  The  return  of  the 
real  estate  in  Worcester  and  vicinity  is  dated  Janu- 
ary 9,  1779. 

Accompanying  these  and  forming  a  part  of  the 
same  document  is  the  jurat  entered  by  the  judge  of 
probate,  March  17,  1779,  which  sets  forth  that  the 
agent  then  made  oath  that  the  foregoing  inventories 
together  constituted  a  just  and  perfect  inventory  of 
all  the  estate  of  the  said  absentee,  except  the  rents 
of  the  real  estate  and  the  proceeds  of  the  sale  of 
the  stock.  The  several  inventories  above  alluded  to 
are  contained  in  the  papers  numbered  as  follows : 
the  Leominster  return,  5 ;  the  Royalston  return,  8 ; 
the  Hampshire  County  return,  9;  the  Worcester 
return,  11.  The  oath  of  the  agent  is  probably  in- 

by  an  additional  grant  of  land.  There  was  afterwards  a  lengthy  dis- 
cussion before  the  general  court  as  to  the  duty  of  the  proprietors 
to  construct  a  bridge  over  Westfield  River,  the  details  of  which  are 
given,  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  1231  et  seq.  All  of 
the  proprietors  but  one  were  absentees,  and  the  discussion  resulted 
in  the  passage  of  an  act,  June  19,  1779,  authorizing  the  Court  of 
General  Sessions  of  the  Peace  to  build  the  bridge.  The  court  was 
further  authorized,  if  it  was  found  to  be  necessary,  to  sell  enough  of 
the  lands  to  pay  for  the  bridge.  Acts  and  Res.  Prov.  Mass.  Bay,  vol. 
v.  p.  1069.  They  apparently  did  this,  for  a  deed  made  by  the  Clerk 
of  the  Peace  for  the  County  of  Hampshire  in  consequence  of  the 
Act  of  June  19,  1779,  was  subsequently  declared  void  by  the  general 
court.  Laws  and  Res.  of  Mass.  1780-81,  ch.  56,  p.  248.  June  28, 
1781,  Lot  No.  9  of  the  Murrayfleld  property  was  granted  to  Thad- 
deus  Newton.  Laws  and  Res.  of  Mass.  1780-81,  ch.  1, 1781,  p.  479. 


80  THE  CHANDLER  CONFISCATION 

tended  as  a  substitute  for  the  one  that  he  was  re- 
quired to  make,  under  the  second  section  of  the  act 
to  prevent  waste,  etc.,  to  an  inventory  which  it  was 
his  duty  to  file  within  three  months  from  the  time 
of  his  appointment. 

A  comparison  of  the  date  of  the  appointment  of 
the  Worcester  appraisers  with  the  dates  on  the  in- 
ventory returned  by  them  shows  that  the  detailed 
inventory  of  personal  estate  was  made  up  a  month 
before  the  warrant  of  appointment  was  issued,  and 
two  days  before  the  passage  of  the  act  to  prevent 
waste,  etc.,  under  which,  by  the  terms  of  the  ap- 
pointment, they  were  to  act.  It  is  clearly  the  inten- 
tion of  the  act  that  appraisers  should  be  sworn  to 
the  faithful  performance  of  their  duties  before  actu- 
ally entering  upon  their  work,  but  in  this  case  they 
apparently  proceeded  to  inventory  the  real  estate, 
and  after  filing  this  and  simultaneously  filing  the 
inventory  of  personal  property  previously  prepared, 
they  swore  that  "  in  executing  the  trust  reposed  in 
them  they  acted  faithfully  and  impartially  according 
to  their  best  skill  and  judgment." 

The  evident  desire  of  the  parties  concerned  in 
these  proceedings  to  take  no  steps  which  were  not 
sanctioned  by  some  existing  law  calls  for  an  exami- 
nation, at  this  point,  of  the  possible  authority  for 
the  action  of  these  appraisers  in  thus  taking  posses- 
sion of  the  personal  property  at  this  early  date. 

A  review  of  some  of  the  legislation  already  re- 
ferred to  which  bears  upon  this  question,  and  which 
was  enacted  prior  to  the  passage  of  the  act  to  pre- 


THE  PROBATE  FILES  81 

vent  waste,  etc.,  is  necessary  at  this  point,  in  order 
that  we  may  know  what  officers  were  entitled  at  this 
time  to  take  possession  of  the  estate  and  to  make 
an  inventory  of  the  personal  property. 

On  the  19th  of  April,  1776,  the  committees  of 
correspondence,  safety,  and  inspection  of  those 
towns  in  which  there  was  any  property  belonging  to 
refugees  were,  by  resolve,  instructed  to  take  posses- 
sion of  such  estates,  to  lease  the  real  estate  for  the 
benefit  of  the  colony  for  one  year,  and  to  return  in- 
ventories of  the  personal  estates  which  should  come 
into  their  possession.  From  the  effects  of  this  re- 
solve, estates  which  had  been  conveyed  by  refugees 
to  persons  friendly  to  the  colony  prior  to  March 
22,  1775,  were  excepted.  This  resolve  was  not 
passed  by  the  council  until  April  23,  but  it  is  occa- 
sionally referred  to  under  the  date  of  its  passage  in 
the  house  as  above. 

There  were  other  resolves  passed  after  this  date 
and  prior  to  the  passage  of  the  act  to  prevent  waste, 
etc.,  which  touched  upon  the  question  of  the  man- 
agement of  the  property  of  trustees,  but  they  were 
either  merely  explanatory  or  local  in  their  character. 
From  the  23d  of  April,  1776,  until  the  9th  of 
April,  1777,  the  resolve  known  as  the  House  Resolve 
of  April  19  stood  upon  the  statute  books  as  the 
only  source  of  the  authority  under  which  any  per- 
son was  authorized  to  take  possession  of  the  pro- 
perty of  refugees  elsewhere  than  in  Boston.  The 
inventory  of  personal  property  must,  therefore,  have 
been  prepared  originally  for  "  the  Colony,"  by  the 


82  THE  CHANDLER  CONFISCATION 

Worcester  committee  of  correspondence,  under  that 
resolve.1 

The  paper  numbered  10  in  the  series  received 
from  the  probate  office  is  headed  "  An  Inventory 
of  the  real  Estate  of  John  Chandler,  Esqr.,  late  of 
Worcester  an  absentee  as  contained  in  several  in- 
ventories taken  by  appraisers  appointed  for  that 
purpose."  It  has  no  signature  attached  to  it  and 
bears  no  date,  except  one  which  forms  a  part  of  the 
Hampshire  County  return.  It  contains  all  the  real 
estate  and  must,  therefore,  have  been  prepared  after 
all  the  returns  were  filed.  The  total  footing  of  the 
estimated  value  of  the  Leominster  and  the  Worces- 
ter real  estate  is  given  as  <£27,040,  but  the  correct 
addition  of  the  several  items  is  £26,040. 

On  the  17th  of  March,  1779,  Mary  Chandler  re- 
newed her  petition  for  the  assignment  to  her  of  the 
use  and  improvement  of  one  third  of  the  real  estate 
of  her  husband,  alleging  as  a  reason  for  her  reap- 
pearance in  court  that  the  anxiety  and  solicitude 
attending  the  long  suspense  she  had  been  in  rela- 
tive to  the  premises  were  very  disagreeable  to  her, 
for  which,  as  well  as  other  reasons,  she  was  moved 
to  make  this  request,  which,  if  granted,  would  be  of 

1  The  Worcester  appraisers  were  Samuel  Curtis,  Nathan  Perry, 
and  Samuel  Miller.  The  committee  of  correspondence,  etc.,  elected 
March  14,  1777,  was  composed  of  John  Cunningham,  William 
Stearns,  Samuel  Miller,  Samuel  Brown,  and  Josiah  Pierce.  Collec- 
tions Worcester  Soc.  of  Ant.,  vol.  iv.  p.  289.  Miller  was  the  only  ap- 
praiser who  was  a  member  of  the  committee  of  correspondence,  etc. 
Curtis  was  an  assessor  that  year.  Perry  was  selectman,  and  had  60 
votes  oat  of  61  cast  at  the  town  meeting  for  county  treasurer. 


THE  PROBATE  FILES  83 

essential  service  to  her,  as  a  permanent  security  for 
the  support  of  herself  and  her  orphan  family. 

This  petition,  which  is  document  number  12  on 
the  list,  must  have  been  based  on  the  act  to  prevent 
waste,  etc.,  that  being  the  only  act  existing  at  that 
date  under  which  the  judge  of  probate  had  the 
power  to  make  such  an  assignment.  The  rights 
which  she  could  acquire  under  that  act  were  limited 
in  their  duration  to  "  the  absence  of  her  husband." 
It  is  pathetic,  therefore,  to  note  that  she  asks  for 
the  assignment  as  a  permanent  security  for  the  sup- 
port of  herself  and  family.  An  explanation  of  her 
abandonment,  at  this  time,  of  all  hope  that  her  hus- 
band might  be  permitted  to  return  to  his  former 
home  is  to  be  found  in  the  passage,  on  the  16th  of 
October,  1778,  of  the  "Act  to  prevent  the  return 
to  this  State  of  certain  persons  therein  named,  and 
other  persons  who  have  left  this  State,  or  either  of 
the  United  States,  and  joined  the  enemy  thereof." l 
John  Chandler  belonged  to  the  class  of  persons 
who  were  considered  of  enough  importance  to  be 
"  therein  named."  His  absence,  therefore,  must 
necessarily,  after  the  passage  of  this  act,  have  been 
regarded  as  permanent. 

On  the  29th  of  April,  1779,  the  agent  filed  an 
account,  number  13  on  the  list,  charging  himself 
with  what  he  had  received  from  leases  during  the 
then  current  year,  and  taking  credit  for  disburse- 
ments made  in  behalf  of  the  estate.  On  the  4th  of 
May,  oath  as  to  the  accuracy  of  the  account  was 

1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  912. 


84  THE  CHANDLER  CONFISCATION 

administered  by  the  judge  of  probate,  and  the  ac- 
count was  duly  allowed,  and  the  agent  was  ordered 
to  pay  over  the  balance  to  the  treasurer  of  the 
state.  This  action  was  taken  in  pursuance  of  a 
resolve  of  the  general  court,  passed  February  19, 
1779,  in  which  those  agents  who  had  not  made 
up  inventories  were  ordered  to  do  so  immediately. 
They  were  also  required  to  make  up  their  accounts 
with  all  possible  expedition,  and  after  deducting 
such  allowance  to  the  wife,  widow,  or  family  of  the 
refugee  as  the  judge  of  probate  might  have  ap- 
proved, to  pay  over  the  balance  to  the  treasurer  of 
the  state.1 

The  next  paper,  number  14,  is  an  order  of  the 
probate  court  appointing  three  commissioners  to  ex- 
amine claims  of  creditors  against  the  estate  and  re- 
port thereon  at  or  before  September  1,  1780.  It 
does  not  appear  when  these  commissioners  executed 
their  trust  and  filed  their  report,  but  there  is  a  jurat 
attached  to  the  order  of  court  by  Joseph  Wheeler, 
a  justice  of  the  peace,  certifying  that  in  May,  1782, 
the  within-named  commissioners  made  solemn  oath 
that  in  executing  the  trust  reposed  in  them  by  vir- 
tue of  the  commission  they  acted  faithfully  and  im- 
partially according  to  the  best  of  their  skill  and 

1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  1000.  Mass.  Arch., 
vol.  221,  no.  146  ;  Printed  Resolves,  res.  cxcv.  In  this  account  the 
agent  charges  himself  with  rentals  received  from  lessees  in  Worcester 
and  Hampshire  counties.  Special  authority  had  been  given  him  to 
lease  certain  real  property  for  one  year  at  a  rental  to  be  approved  by 
the  selectmen  of  Worcester.  Resolves  of  the  General  Assembly  of  the 
State  of  Massachusetts  Bay,  res.  xxvi.,  April  9,  1778,  p.  6. 


THE  PROBATE  FILES  85 

judgment.  The  order  appointing  the  commission- 
ers bears  evidence  of  having  been  drawn  up  under 
the  fourth  section  of  the  act  to  prevent  waste,  etc., 
which  authorized  the  appointment  of  commissioners 
in  this  way  in  case  the  estate  of  the  absentee  was 
insolvent.  The  commissioners  were  required  under 
this  section  to  advertise  the  times  and  places  of  their 
meetings  in  such  papers  as  the  judge  of  probate 
should  direct,  and  were  to  make  their  report  in  six, 
twelve,  or  eighteen  months,  at  the  discretion  of  the 
judge  of  probate.  This  report  was  required  to  be 
sworn  to.  All  of  these  requirements  were  set  forth 
in  the  order. 

Colonel  Chandler's  estate  was  not  insolvent.  The 
general  evidence  bearing  upon  this  point  is  satis- 
factory enough,  but  if  we  need  testimony  that  the 
estate  was  then  regarded  as  solvent,  it  is  to  be  found 
in  one  of  the  papers  already  reviewed.  In  the  ac- 
count of  the  agent,  the  paper  submitted  just  before 
the  one  we  are  considering,  he  incorporates  the 
phrase,  "  excepting  what  has  been  allowed  by  the 
honorable  judge  of  probate  to  the  wife  and  family 
of  the  absentee."  This  allowance  the  judge  was 
authorized  to  make  under  section  eleven  of  the  act 
to  prevent  waste,  etc.,  in  cases  where  the  estate  of 
the  absentee  was  not  insolvent.  It  follows,  therefore, 
that  notwithstanding  the  evident  fact  that  the  order 
appointing  the  commissioners,  with  its  instructions 
as  to  advertising  and  its  requirements  that  the  list 
of  claims  should  be  under  oath,  etc.,  was  drafted 
under  section  four  of  the  act  to  prevent  waste,  etc., 


86  THE  CHANDLER  CONFISCATION 

the  authority  for  their  appointment  was  not  derived 
from  that  act.  It  is  to  be  found  in  the  third  sec- 
tion of  an  act  in  addition  to  an  act  to  prevent  waste, 
etc.,  passed  October  16, 1778.1  This  section  simply 
authorizes  the  appointment  of  such  commissioners, 
whether  the  estate  is  insolvent  or  not,  without  re- 
quiring any  special  method  of  procedure  on  their 
part,  or  limiting  in  any  way  the  time  in  which  they 
may  perform  their  duties.  The  act  is,  however,  by 
its  terms  a  mere  addition  to  the  act  to  prevent 
waste,  etc. 

It  has  been  seen  that  Mrs.  Chandler  twice  peti- 
tioned the  probate  court  to  have  assigned  to  her  the 
use  and  improvement  of  one  third  part  of  her  hus- 
band's real  estate.  She  was  entitled,  under  the  act 
to  prevent  waste,  etc.,  to  so  much  of  the  household 
property  as  was  "  necessary  to  the  upholding  life." 
So  far  as  the  real  estate  was  concerned,  the  judge 
of  probate  had  power  given  him  under  that  act  to 
assign  to  her  use  and  improvement  one  third  part 
of  the  real  estate  "  during  her  husband's  absence." 
The  exercise  of  this  power  was,  however,  discretion- 
ary on  his  part,  and  he  had  evidently  preferred  to 
make  use  of  the  alternative  power  given  him  in  the 
same  act  to  make  her  an  allowance  out  of  the  rents 
and  profits  of  the  estate.  In  May,  1779,  the  "  Act 
for  confiscating  the  estates  of  certain  persons  com- 
monly called  absentees  " 2  became  a  law.  Under  the 
ninth  section  of  that  act,  Mrs.  Chandler,  having 

1  Acts  and  Res.  Prow.  Mass.  Bay,  vol.  v.  p.  911. 

2  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  968. 


THE  PROBATE  FILES  87 

remained  continuously  within  the  jurisdiction  of  the 
United  States,  became  entitled  to  the  improvement 
and  income  of  one  third  part  of  the  husband's  real 
and  personal  estate  (after  payment  of  debts)  during 
her  life  and  continuance  within  the  said  United 
States.  Her  right  to  this  part  of  the  income  and 
improvement  of  the  estate  was  not  only  clear,  but 
the  language  of  the  act  was  imperative  that  the  pro- 
perty should  be  set  off  to  her.  "  Her  dower  there- 
in/' says  the  statute,  referring  to  a  wife  situated 
as  was  Mrs.  Chandler,  "  shall  be  set  off  to  her,  by 
the  judges  of  probate  of  wills,  in  like  manner  as  it 
might  have  been  if  her  husband  had  died  intestate, 
within  the  jurisdiction  of  this  State." * 

It  was  under  this  section  that  the  judge  of  pro- 
bate, on  the  12th  of  October,  1779,  appointed  a 
committee  to  appraise  the  real  estate  and  to  set  off 
to  Mary  Chandler,  the  absentee's  wife,  one  third 
part  of  the  said  real  estate,  so  as  may  be  convenient 
for  her,  for  her  dower  therein  during  her  life  and 
continuance  within  the  United  States  of  America, 
and  what  the  committee  so  set  off  they  were  to 
describe  by  plain  and  lasting  metes  and  bounds,  that 
so  confusion  might  be  prevented  upon  the  reversion 
of  the  dower.  The  committee  was  instructed  to 
give  notice  to  all  concerned,  and  if  all  parties  were 
satisfied  with  their  proceedings,  they  were  to  signify 
the  same  by  countersigning.  Their  commission  was 
to  be  sealed  up  with  their  report  and  returned  with 
all  convenient  speed  to  the  register's  office  of  pro- 
1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  971. 


88  THE  CHANDLER  CONFISCATION 

bate  by  one  of  themselves.  This  warrant  appoint- 
ing the  committee  is  the  15th  paper  in  the  series, 
and  bears  the  jurat  of  the  judge  of  probate  certify- 
ing that  the  several  commissioners  made  oath  to  the 
faithful  execution  of  the  trust  reposed  in  them  on 
the  6th  of  December,  1779. 

The  next  document,  number  16,  is  the  report  of 
the  commissioners,  dated  December  6,  1779.  They 
estimated  the  value  of  the  real  estate  at  £76,515, 
more  than  double  that  given  in  the  previous  ap- 
praisal, and  they  set  off  to  the  wife  as  the  third 
part  of  the  real  estate,  the  homestead,  two  pastures, 
a  farm,  a  wood-lot,  a  pew  in  the  meeting-house,  and 
a  ten-acre  lot  on  the  Paxton  road,  all  of  which  they 
estimated  to  be  worth  .£25,505,  exactly  one  third 
of  the  value  assigned  by  them  to  the  total  real 
estate.  They  stated  that  the  land  and  buildings 
thus  set  off  were  all  in  the  town  of  Worcester.  Be- 
neath the  signatures  of  the  commissioners  the  words 
"  We  consent "  were  written,  and  these  were  fol- 
lowed by  the  signatures  of  Mary  Chandler  and 
Joseph  Allen,  "  Agent  on  the  estate  of  John  Chan- 
dler Esq.  an  Absentee." 

Then  follows  the  order  of  the  judge  of  probate, 
February  8,  1780,  setting  off  the  above-mentioned 
estate  to  Mrs.  Chandler  for  and  during  the  term  of 
her  natural  life  and  continuance  within  any  of  the 
United  States  of  America. 

These  commissioners  had  nothing  to  do  with 
the  personal  estate.  An  allowance  of  one  half  the 
household  goods  for  the  use  of  Mrs.  Chandler  had 


THE  PROBATE  FILES  89 

already  been  made  by  the  agent,  as  appears  from 
a  report  subsequently  made  by  him.  A  third  valu- 
ation of  the  real  estate  at  an  earlier  date  was  made 
by  Chandler.  The  values  given  in  these  several 
inventories  are  not  reconcilable  with  any  theory  as 
to  the  value  of  real  estate  in  Massachusetts,  nor  if 
by  "  lawful  money  "  the  appraisers  understood  cur- 
rency, with  the  depreciation  of  the  currency  at  the 
alleged  dates  of  the  later  appraisals.  The  question 
of  the  meaning  of  these  returns  has  been  discussed 
elsewhere,  and  at  this  point  nothing  further  need 
be  said. 

The  17th  paper  on  the  files  is  an  annual  report 
of  the  agent,  bearing  no  date  itself,  but  containing 
the  certificate  of  the  judge  of  probate,  May  20, 1780, 
that  the  agent  on  that  date  swore  to  the  truth  of  the 
account  and  that  the  same  was  allowed  by  the  court. 
The  balance  the  agent  was  ordered  to  pay  into  the 
treasury  of  the  state,  "  agreeable  to  a  resolve  of  the 
great  and  general  court  for  that  purpose."  The 
resolve  referred  to  must  have  been  the  one  passed 
February  19,  1779,  which,  so  far  as  agents  already 
duly  appointed  by  courts  of  probate  were  concerned, 
merely  ordered  them  to  pay  in  the  money  "  as  the  law 
.  .  .  directs,"  thereby  referring  to  the  act  to  pre- 
vent waste,  etc.1 

Number  18  is  the  report  of  the  commissioners 
appointed  to  examine  the  claims  of  creditors  against 
the  estate.  The  report  is  dated  December  25, 1781, 
but  has  attached  to  the  list  of  claims  a  certificate  of 

1  Acts  and  Res.  Prov.  Mass.  Bay,  vol.  v.  p.  1000. 


90  THE  CHANDLER  CONFISCATION 

allowance  of  claims  against  the  estate,  dated  January 
1,  1782,  signed  by  the  commissioners,  and  an  order 
of  the  court  of  probate  accepting  and  allowing  the 
report,  dated  May  7, 1782.  The  report  is  signed  by 
the  commissioners  who  were  appointed  September 
1, 1779,  and  who,  as  it  appears  in  document  number 
14,  made  oath  in  May,  1782,  that  they  had  faith- 
fully executed  their  trust.  The  two  papers,  14  and 
18,  were  evidently  before  the  judge  at  the  same 
time,  and  the  endorsement  of  the  jurat  was  made 
on  number  14.  The  oath  is  thus  thrown  out  of  its 
proper  chronological  sequence. 

Numbers  19  and  20  are  certificates  that  a  certain 
amount  is  due  from  the  estate  to  the  claimants 
respectively  named  in  the  certificates.  The  papers 
are  alike  in  form  and  recite  the  appointment  of  the 
commissioners.  They  each  contain  an  allegation 
that  the  full  amount  of  the  claims  is  so  much 
in  silver,  and  that  the  sum  of  so  much  is  due  to 
the  claimant  named  in  the  certificate.  The  claim 
described  in  number  20  is  mentioned  in  the  re- 
port which  is  number  18  of  our  list,  and  the  total 
amount  of  claims  given  in  this  certificate  agrees 
with  the  amount  stated  in  that  report.  The  other, 
number  19,  refers  to  a  claim  not  to  be  found  in 
number  20,  and  gives  a  different  sum  as  the  total 
amount  of  claims  against  the  estate.  From  this  it 
is  evident  that  the  commissioners  made  more  than 
one  return.  Both  certificates  are  dated  May  20, 
1782,  and  in  both  the  money  used  is  silver  at  the 
rate  of  six  shillings  and  eightpence  per  ounce. 


THE  PROBATE  FILES  91 

These  certificates  were  issued  under  authority  con- 
ferred by  the  act  to  provide  for  the  payment  of 
debts  due  from  the  conspirators  and  absentees  and 
for  the  recovery  of  debts  due  to  them,  passed  March 
2,  1781.1 

Number  21  is  a  bond  of  indemnity  running  to 
the  judge  of  probate,  given  by  a  creditor  of  the 
estate  with  two  sureties,  and  is  dated  May  20, 1782. 
It  recites  the  fact  that  the  committee  appointed 
in  the  act  to  provide  for  the  payment  of  debts, 
etc.,  had,  under  the  authority  conferred  by  that  act, 
and  by  the  addition  to  the  act,  paid  to  the  creditor 
a  claim  allowed  against  the  estate.  If  the  estate 
should  prove  to  be  insolvent,  the  principal  and  sure- 
ties agreed  to  pay  back  "  the  rateable  proportion  " 
of  the  claim,  so  that  all  the  creditors  might  receive 
in  proportion  to  their  just  demands.  The  authority 
for  this  proceeding  is  to  be  found  in  the  "  Act  in 
addition  to  an  act  entitled  An  Act  to  provide  for 
the  payment  of  the  debts,"  etc.,  which  was  passed 
May  15, 1781,  in  which  the  committees  were  author- 
ized to  make  such  payments,  provided  the  creditor 
gave  his  bond  with  sureties  to  refund  and  pay  back 
his  ratable  part  and  proportion  in  case  said  estate 
should  prove  insolvent.2 

Number  22  is  a  reappointment,  January  10,  1782, 

1  Laws  and  Res.  of  Mass.  1780-81,  ch.  50,  p.  115  et  seq.    This 
volume  is  cited  by  the  binder's  title  to  distinguish  it  more  readily 
from  the  Acts  and  Resolves  of  the  Province  of  Massachusetts  Bay.    It 
is  the  first  of  a  series  of  reprints  of  the  laws  and  resolves  of  the  state 
now  being  issued. 

2  Laws  and  Res.  of  Mass.  1780-81,  p.  124,  ch.  53,  May  15, 1781. 


92  THE  CHANDLER  CONFISCATION 

of  the  commissioners  to  examine  claims  against  the 
estate  not  before  examined.  It  purports  to  have 
been  made  under  authority  conferred  by  a  resolve 
of  the  great  and  general  court  dated  March  7, 
1782.  There  are  numerous  resolves  and  acts,  passed 
from  time  to  time  to  cure  defects  in  the  various  acts 
and  resolves  under  which  these  proceedings  were 
conducted,  and  it  happens  that  there  was  one,  the 
date  of  which,  in  the  published  laws  of  the  state,  is 
given  as  March  7,1  but  this  deals  with  the  question 
of  leasing  the  estates  by  the  committees  appointed 
to  sell  them.  There  is,  however,  a  resolve  dated 
March  8,  1782,  which  seems  to  be  the  one  that  cov- 
ers the  case.2 

There  is  no  endorsement  on  number  22  to  show 
that  the  reappointed  commissioners  declined  to 
serve,  but  the  fact  that  number  23  is  a  warrant  ap- 
pointing a  fresh  board  of  commissioners  to  exam- 
ine new  claims  against  the  estate  would  make  this 
probable.  The  date  of  number  23  is  February  6, 
less  than  a  month  after  the  reappointment  of  the 
old  board.  Three  citizens  of  Worcester  are  ap- 
pointed therein  to  receive  and  examine  claims  not 
before  examined  and  allowed.  It  is  evident  that 
one  of  these  gentlemen  refused  to  serve,  for  on  the 
20th  of  February  a  second  warrant,  number  24, 
was  issued,  naming,  as  commissioners,  two  of  the 

1  This  was  an  instruction  to  the  committees  for  the  sale  of  the 
estates  of  absentees  to  lease  any  of  them  for  the  ensuing  year.  Laws 
and  Res.  of  Mass.  1780-81,  p.  925,  ch.  524,  March  7,  1782. 

2  Laws  and  Res.  of  Mass.  1780-81,  p.  919,  ch.  514,  March  8, 1782. 


THE  PROBATE  FILES  93 

gentlemen  appointed  in  number  23  and  substituting 
the  name  of  another  citizen  of  Worcester  in  place 
of  the  third.  The  report  of  the  commission,  dated 
May  20,  is  attached  to  the  warrant,  and  bears  the 
jurat  of  a  justice  of  the  peace,  dated  June  3,  1783, 
certifying  that  the  commissioners  made  oath  that  in 
executing  the  trust  they  acted  faithfully  and  impar- 
tially according  to  their  best  skill  and  judgment, 
and  the  allowance  by  the  court,  October  7,  1783. 
The  judge  also  appends  a  certificate  that  the  report 
has  been  forwarded  to  the  governor  and  council. 

Number  25  is  another  bond  of  indemnity  dated 
March  1,  1783,  similar  to  number  21. 

Number  26  is  an  order  of  the  court  of  probate 
accepting  and  allowing  the  report  of  the  commis- 
sioners reappointed  to  receive  and  examine  claims 
against  the  estate.  It  is  dated  October  7,  1783, 
and  refers  to  the  report,  dated  May  20,  attached 
to  number  24. 

Number  27  is  the  report  of  Joseph  Allen,  agent 
on  the  estate  of  John  Chandler,  Esqr.,  an  absentee. 
The  agent  charges  himself  in  June,  1777,  with 
cash  received  from  the  sale  of  cattle  and  with  cash 
received  from  the  committee  of  correspondence,  etc., 
of  the  town  of  Worcester.  He  also  charges  him- 
self with  sundry  obligations  given  to  the  committee 
of  correspondence  which  he  had  collected.  These 
were  evidently  on  leases.1  The  balance  in  his  hands 

1  The  resolve  of  April  19, 1776,  authorized  committees  of  corre- 
spondence to  lease  real  property  for  one  year,  and  instructed  them 
to  return  an  inventory  of  the  personal  property.  The  agent  charges 


94  THE  CHANDLER  CONFISCATION 

May  3,  1779,  was  £425-6-3,  which  he  converted 
into  £34—13-3  silver.  The  balance  in  his  hands 
February  3,  1784,  was  £68-15-8,  which  he  then 
apparently  paid  into  court.  There  is  an  entry  of 
this  latter  date  which  is  in  the  form  of  a  certificate 
to  the  effect  that  the  agent  made  oath  to  the  truth 
of  the  account ;  that  the  account  was  allowed ;  that 
the  money  had  been  received ;  and  that  the  agent 
was  discharged.  This  lacks  any  signature,  but  was 
presumably  prepared  for  the  judge  of  probate. 

Number  28  is  a  receipt  taken  by  the  register  of 
probate,  April  14,  1785,  on  surrender  of  a  certifi- 
cate of  a  claim  against  the  estate. 

Number  29  is  a  certified  copy  of  a  resolve  of 
the  general  court,  June  15,  1785,  authorizing  the 
appointment  of  commissioners  to  examine  the  claim 
of  Thaddeus  and  William  Maccarty,  the  same  to  be 
paid,  if  allowed,  out  of  the  part  of  the  estate  set  off 
for  dower. 

Number  30  is  a  warrant,  dated  June  1,  1787,  ap- 
pointing commissioners  to  examine  this  last-men- 
tioned claim.1  It  bears  the  jurat  of  a  justice  of  the 

himself  with  cash  received  in  June,  1777,  from  sale  of  cattle  at  ven- 
due.  These  sales  were  probably  effected  under  special  authority 
conferred  by  resolve  passed  December  26,  1776,  authorizing  the 
Worcester  committee  to  sell  certain  stock  at  public  vendue.  See 
contemporaneous  publications  of  the  resolves,  December,  1776. 

For  some  reason  Allen  petitioned  the  general  court  for  instruc- 
tions as  to  leasing  certain  real  property  in  1778,  and  on  the  9th  of 
April  was  authorized  to  effect  the  leases  at  a  rental  to  be  approved 
by  the  Worcester  selectmen.  Resolves  of  the  General  Assembly  of 
the  State  of  Massachusetts  Bay,  res.  xxvi.,  April  9, 1778,  p.  6. 

1  On  the  4th  of  June,  1785,  John  Chandler  Williams  was,  by  re- 


THE  PROBATE  FILES  95 

peace,  dated  July  9,  1787,  certifying  that  the  com- 
missioners made  oath  that  they  would  act  faithfully 
and  impartially  according  to  their  best  skill  and 
judgment  in  receiving  and  examining  the  claim,  and 
also  the  report  of  the  commissioners  on  the  10th  of 
July,  1787. 

With  this  paper  our  review  of  the  case,  so  far  as 
the  probate  files  are  concerned,  must  cease.  The 
action  of  the  general  court  in  ordering  the  Mac- 
carty  claim  to  be  satisfied  out  of  the  dower  estate 
will  recall  to  those  who  have  noted  the  peculiarities 
of  the  different  statutes  that  the  act  to  prevent 
waste,  etc.,  provided  that  the  allowance  to  the  wife 
should  be  assigned  as  in  the  case  of  administration 
upon  the  intestate  estates.  That  is  to  say,  debts 
must  first  be  paid.  Under  the  Confiscation  Act  her 
allowance  was  to  be  set  off  after  payment  of  debts. 

Under  the  "  Act  to  provide  for  the  payment  of 
debts,"  etc.,  one  third  of  the  real  estate  was  to  be  set 
off  to  her,  and  creditors  were  to  take  their  chances 
out  of  the  two  thirds.  Under  this  special  act  the 
dower  estate  was  to  pay  the  whole  of  the  claim. 

solve  of  the  general  court,  authorized  to  present  a  claim  against  the 
estate.  If  allowed,  it  was  to  be  paid  out  of  the  dower  estate  after 
two  years  from  February  11,  1785.  Laws  and  Res.  of  Mass.  1784- 
85,  ch.  9,  p.  630.  The  Maccarty  claim  was  in  a  similar  way  author- 
ized to  be  presented  by  resolve  on  the  15th  of  June.  Laws  and  Res. 
of  Mass.  1784-85,  ch.  25,  p.  638. 

In  1782,  a  claim  of  John  Cunningham  had  been  allowed  by  resolve 
of  the  general  court,  provided  the  estate  paid  all  other  creditors. 
This  was  not  payable  out  of  the  dower  estate.  Laws  and  Res.  of 
Mass.  1782-83,  ch.  7,  p.  190. 


CHAPTER  VI 

THE  COURT  RECORDS  AND  THE  ARCHIVES 

THE  records  of  the  Inferiour  Court  of  Common 
Pleas  are  now  in  the  custody  of  the  clerk  of  the 
Superior  Court.  From  these  it  appears  that  at  a 
term  of  the  court  held  in  Worcester  in  September, 
1779,  Levi  Lincoln  of  Worcester,  in  the  county  of 
Worcester,  attorney  for  the  late  government  and 
people  of  the  State  of  Massachusetts  Bay  in  New 
England,  and  now  the  Commonwealth  of  Massachu- 
setts, having  been  specially  appointed  for  that  pur- 
pose, came  into  court  and  made  two  complaints 
against  John  Chandler,  in  both  of  which  he  set 
forth  that  a  certain  state  of  facts  existed  which  evi- 
dently brought  Chandler  within  the  definition  of 
those  against  whom  the  Confiscation  Act  was  di- 
rected.1 He  further  alleged  in  each  complaint  that 
on  the  1st  day  of  January,  1775,  Chandler  was 
seized  and  possessed,  and  was  then  entitled  to  be 
seized  and  possessed,  of  certain  real  property  fully 

1  The  complaints  were  based  upon  Chandler's  flight  to  Boston,  his 
remaining  there  after  April  19,  1775,  and  his  departure  therefrom 
after  April  19,  1775,  to  Great  Britain,  without  permission  of  some 
legislative  or  executive  authority.  These  substantial  facts  are  true, 
but  the  dates  given  in  the  complaints  are  all  wrong. 


THE  COURT  EECORDS  AND  THE  ARCHIVES  97 

described  by  metes  and  bounds  in  the  two  com- 
plaints, the  one  covering  the  property  in  B-oyalston, 
the  other  covering  land  in  Worcester  and  neighbor- 
hood, and  pews  in  the  meeting-house.  The  com- 
plaints then  allege  that,  "  by  force  of  the  premises 
and  the  law  of  this  State  intituled  '  An  Act  for 
confiscating  the  estates  of  certain  persons  commonly 
called  absentees'  the  said  several  tracts  of  land 
with  their  appurtenances  ought  to  escheat,  enure 
and  accrue  to  the  sole  use  and  benefit  of  the  gov- 
ernment and  people  aforesaid." 

The  cases  were  continued  to  the  session  of  the 
court  in  December,  1779,  and  the  clerk  of  the 
court  was  ordered  to  make  out  a  notification  that 
claimants  to  the  estate  might  then  and  there  enter 
their  claims.  At  the  latter  term  of  court,  a  deputy 
sheriff  made  return  of  said  notification ;  that  in 
Royalston,  there  being  no  mansion  house,  he  had 
posted  it  in  a  public  place  in  the  town ;  in  Worcester 
he  had  left  it  at  the  mansion  house.  No  person 
appearing  at  this  term  to  take  upon  him  the  de- 
fence of  the  suits,  they  were  continued  to  the  March 
term,  1780,  at  which  time  John  Sprague  appeared 
for  the  defence  and  the  cases  were  continued  to 
the  June  term,  when  Sprague  appeared  again.  The 
cases  were  then  continued  to  the  September  term, 
Sprague  still  appearing  in  the  record  as  representing 
the  defence.  The  cases  were  then  continued  to  the 
December  term,  when  defaults  were  taken.  The 
following  order  was  then  entered  in  each  case :  "  It 
is  by  the  court  considered  that  the  said  John  Chan- 


98  THE  CHANDLER  CONFISCATION 

dler  is  guilty  in  manner  and  form  as  alleged  against 
him,  and  that  the  lands,  tenements  and  heredita- 
ments described  in  the  said  complaint,  with  the  ap- 
purtenances, privileges  and  easements  thereunto 
belonging  are  forfeited  and  do  escheat,  enure  and 
accrue  to  the  sole  use  and  benefit  of  the  Common- 
wealth of  Massachusetts ;  and  that  a  writ  of  habere 
facias  possessionem  issue  in  behalf  of  the  Common- 
wealth aforesaid  to  cause  them  to  be  seized  and 
possessed  of  the  same."1 

The  Royalston  estate  described  in  the  complaint 
comprises  all  the  lots  mentioned  by  the  appraisers, 
and  they  can  be  identified  by  their  numbers,  with  the 
exception  that  in  the  complaint  the  number  of  one 
of  the  lots  is  given  as  91,  while  in  the  appraisal  it  is 
given  as  90.  There  are,  in  addition,  in  the  com- 
plaint fractional  interests  in  lots  amounting  to  about 
fifty-five  acres. 

The  property  described  in  the  Worcester  com- 
plaint evidently  includes  all  of  the  dower  property. 
The  writs  of  habere  facias  possessionem  were  duly 
issued.  They  were  dated  January  24,  1781,  and 
were  returned  as  executed,  putting  Levi  Lincoln  in 
possession,  that  which  covered  the  Royalston  pro- 
perty February  10,  1781 ;  that  which  covered  the 
Worcester  property  February  24,  1781.2  Mrs. 

1  The  complaint  is  drawn  up  under  section  four  of  the  act  for  con- 
fiscating the  estates  of  certain  persons  commonly  called  absentees 
(Acts  and  Res.  Prov.  of  Mass.  Bay,  vol.  v.  p.  968),  and  the  notification 
and  service  of  the  same  are  in  accordance  with  the  provisions  of  the 
same  section. 

2  See  London  transcripts,  post . 


THE  COURT  RECOEDS  AND  THE  ARCHIVES  99 

Chandler,  being  then  alive,  still  retained  possession 
of  the  property  which  had  been  assigned  to  her  use. 
In  September,  1783,  she  died,  and  on  the  4th  of 
October  the  general  court  authorized  seven  of  the 
children  to  take  possession  and  improve  for  their 
advantage  that  part  of  the  real  estate  of  their  father, 
lying  in  Worcester,  that  was  set  off  to  their  mother 
for  the  support  of  her  and  the  children,  until  the 
further  order  of  the  general  court.1 

On  the  2d  of  July,  1784,  the  general  court  or- 
dered all  confiscated  estates  to  be  sold  by  auction.2 
This,  of  course,  included  the  estate  which  had  been 
allotted  to  the  children  until  further  order  of  the 
general  court,  but  this  was  rectified  by  the  passage, 
on  the  llth  of  February,  1785,  of  a  resolve  con- 
tinuing in  force  the  resolve  of  October  4,  1783, 
which  had  authorized  Charles  Chandler  and  others 
to  take  possession  and  improve  a  part  of  the  estate 
of  their  father  for  the  space  of  two  years  from  the 
date  of  February  11,  1785,  the  resolve  of  July  2, 
1784,  notwithstanding.3  It  was  while  the  family 
was  in  possession  under  this  extension  of  the  resolve 
of  October  4, 1783,  that,  by  special  legislation,  John 
Chandler  Williams  and  Thaddeus  and  William  Mac- 

1  The  names  of  the  seven  children  are  given  in  Laws  and  Res.  of 
Mass.  1783-83,  p.  744,  Resolve  on  the  petition  of  Charles  Chandler  and 
others,  ch.  15,  October  4,  1783.     In  this  list  the  name  of  Samuel 
Chandler  is  included.     The  same  resolve  is  published  in  the  contem- 
porary publication  of  the  Resolves  of  the  General  Court  of  the  Com- 
monwealth of  Massachusetts  in  New  England,  Boston,  1783,  p.  47,  but 
the  name  of  Samuel  Chandler  does  not  appear. 

2  Laws  and  Res.  of  Mass.  1784-85,  ch.  58,  p.  234. 

3  Laws  and  Res.  of  Mass.  1784-85,  ch.  46,  p.  343. 


100  THE  CHANDLER  CONFISCATION 

carty  were  authorized  to  prove  claims  against  the 
estate,  the  same  to  be  satisfied,  if  allowed,  out  of 
the  dower  estate,  after  the  two  years  should  have 
expired.1 

On  the  10th  of  June,  1786,  on  the  petition  of  the 
children  to  the  general  court  that  the  part  of  their 
father's  estate  which  had  been  assigned  and  set  off  to 
their  mother  as  her  third  be  granted  and  confirmed 
to  them  in  fee  simple,  it  was  resolved  "that  the 
prayer  of  the  petition  be  so  far  granted  that  they 
have  conferred  unto  them,  and  hereby  are  seized 
and  possessed  in  fee  simple  as  tenants  in  common, 
of  all  that  part  of  their  father's  real  estate  which 
was  assigned  and  set  off  to  their  mother  for  her 
thirds  (excepting  a  certain  parcel  thereof  which 
hath  been  described  and  granted  to  the  county 
of  Worcester  for  the  purpose  of  erecting  a  goal 
thereon),  the  petitioners  paying  and  discharging  all 
those  debts  due  from  the  said  estate  which  have  not 
already  been  paid." 2  This  resolve  was,  on  the  23d 
of  June,  repealed,  and  a  new  resolve  was  passed  set- 
ting forth  that  the  resolve  recently  passed  failed  of 
its  beneficial  intent,  and  putting  the  same  parties  in 

1  Laws  and  Res.  of  Mass.  1784^-85,  ch.  9,  p.  630,  and  ch.  25,  p.  638. 

2  Laws  and  Res.  of  Mass.  1786-87,  ch.  13,  p.  278.    The  gaol  lot 
was  granted  to  the  county  of  Worcester  on  petition  of  the  justices 
of  the  court  of  general  sessions,  February,  1785,  by  resolve  of  the 
general  court.    Laws  and  Res.  of  Mass.  1784-85,  ch.  58,  p.  349.   The 
lot  stood  on  what  is  now  Lincoln  Square,  and  the  brook,  which  is 
now  converted  into  a  city  sewer,  is  called  Swift  River  in  the  re- 
solve.   The  title  vested  in  the  county  so  long  as  the  county  should 
continue  and  maintain  a  public  gaol  thereon,  or  should  rebuild  the 
same. 


THE  COURT  RECORDS  AND  THE  ARCHIVES  101 

possession  of  the  same  property,  they  "  paying  and 
discharging  all  those  debts  due  from  the  said  estate, 
which  have  not  already  been  examined  and  allowed 
by  the  commissioners  on  the  same,  as  reported  to 
the  judge  of  probate  for  the  said  county."1  There 
is  not  enough  information  to  be  extracted  from  the 
papers  connected  with  the  case  to  fully  explain  the 
meaning  of  the  change  in  this  resolve. 

Copies  of  these  Court  Records  are  numbered  31 
and  32  in  the  calendar. 

There  are  ten  papers  in  the  "  Massachusetts  Ar- 
chives," most  of  them  being  of  little  value.  Number 
33  is  a  return  to  the  general  court,  May  26,  1777, 
pursuant  to  the  requirements  of  the  resolve  of  "April 
19,  1776,"  made  by  the  committees  of  correspond- 
ence, safety,  and  inspection  of  Murrayfield,  showing 
what  had  been  accomplished  in  the  way  of  selling 
the  personal  property  of  Chandler  left  in  that  town, 
and  reporting  a  lease  of  real  estate  for  one  year. 

Number  34  is  a  report  of  the  judge  of  probate, 
May  8,  1782,  to  Governor  Hancock,  embodying  the 
report  of  the  commissioners  to  receive  and  examine 
claims,  which  appears  as  number  18  in  the  papers 
of  the  probate  files. 

Number  35  is  a  certificate  of  the  judge  of  probate, 
May  20,  1782,  as  to  a  claim. 

Number  36  is  an  extract  from  a  list  of  the  names 
of  agents,  forwarded  June  8,  1782,  by  the  Worces- 
ter register  of  probate  in  response  to  an  order  of 
the  general  court. 
1  Laws  and  Res.  of  Mass.  1786-87,  ch.  47,  p.  292,  June  23, 1786. 


102  THE  CHANDLER  CONFISCATION 

Number  37  is  a  report  to  Governor  Hancock,  made 
by  the  judge  of  probate  of  Worcester  County, 
October  7,  1783,  that  pursuant  to  a  resolve  of  the 
general  court  bearing  date  March  7,  1782,  certain 
commissioners  to  receive  and  examine  claims  had 
been  reappointed.  The  substance  of  the  report  of 
the  commissioners  is  given,  by  which  it  appears  that 
the  claims  returned  are  those  given  in  the  report 
which  has  already  appeared  as  number  24  in  the 
papers  of  the  probate  files. 

Number  38  is  a  statement  of  account  of  the 
Chandler  estate  with  the  committee  for  the  sale  of 
absentees'  estates  in  the  county  of  Worcester.  The 
names  of  four  purchasers  are  given :  Levi  Lincoln, 
Hiram  Newhall,  Solomon  Goodell,  and  Silas  Howe. 
The  column  of  dates  contains  no  entry  except  "  April 
20th,  1784,"  which  has  a  line  drawn  through  it. 
It  is  probably  the  date  of  the  rendering  of  the 
account.  The  column  of  dates  was  evidently  in- 
tended for  the  several  sales.  The  entry  there  of 
the  date  of  the  account  would  be  an  error,  and  this 
would  explain  its  erasure.  This  paper  furnishes  the 
last  link  in  the  chain  of  evidence  relating  to  the 
disposition  of  the  estate.  We  have  the  various  acts 
of  the  agent  and  the  committees  from  the  seizure  to 
the  confiscation,  and  we  now  are  able  to  lodge  the 
title  of  a  part  of  the  real  estate  in  the  purchasers  at 
the  auction  sale. 

There  are  two  papers  filed  in  the  "Archives" 
under  the  same  number  as  the  foregoing  statement 
of  account.  They  are  vouchers  connected  with  the 


THE  COURT  RECORDS  AND  THE  ARCHIVES  103 

returns  of  the  committee  for  the  sale  of  the  ab- 
sentees' estates  in  Worcester  County,  but  there  is 
no  entry  in  the  account  with  which  they  can  be 
identified. 

The  first  of  these,  which  is  numbered  39,  is  a 
receipt  of  Gad  Pierce.  The  second,  which  is  num- 
bered 40,  is  a  memorandum  of  expense  connected 
with  the  sale  of  the  Chandler  farm  to  Levi  Lincoln. 

Number  41  is  a  bill  of  the  probate  court  of 
Worcester  County,  June  10,  1784.  Number  42  is 
without  date.  It  is  a  memoran'dum  of  the  warrants 
drawn  by  the  governor  on  the  treasury  in  favor  of 
creditors  of  the  estate. 


CHAPTER  VII 

THE   LONDON   TRANSCRIPTS 

THE  late  Benjamin  F.  Stevens  wrote  concerning 
the  papers  in  the  Public  Record  Office  which  deal 
with  claims  for  compensation  for  losses  in  the  Amer- 
ican war,  as  follows :  — 

"A  history  of  the  vicissitudes,  losses,  custody, 
and  preservation  of  the  Loyalists'  books  and  papers 
in  the  Record  Office  would  be  as  romantic  as  inter- 
esting. It  has  usually  been  assumed  that  the  Com- 
missioners' Entry  and  Minute  Books  have  been  a 
fairly  complete  recapitulation  of  the  papers  pre- 
sented by  the  respective  claimants,  and  these  volumes 
of  Entry  and  Minute  Books  have  been  consecutively 
numbered  as  if  fairly  complete.  I  have  found  a 
statement  by  one  of  the  Commissioners  to  the  effect 
that  soon  after  the  Board  of  Commissioners  deliv- 
ered their  books  and  papers  to  the  Government,  sev- 
eral volumes  were  stolen  or  lost.  That  is  a  hundred 
years  ago.  The  remaining  books  and  papers  were 
repacked  and  stored  in  official  custody  until  they 
came  into  the  Public  Record  Office  some  forty  or  fifty 
years  ago.  When  they  were  unpacked  they  seem  to 
have  taken  their  present  consecutive  numbering." 

1  Proc.  Am.  Ant.  Soc.,  April,  1901,  pp.  171,  172. 


THE  LONDON  TRANSCRIPTS  105 

It  was  from  these  books  and  papers  that  Mr. 
Stevens  caused  the  transcripts  to  be  made  with  which 
we  are  about  to  deal.  In  the  transcriber's  note  of 
contents  the  pagination  refers  to  a  MS.  volume 
presented  to  the  American  Antiquarian  Society.  It 
was  thought  best  to  leave  the  list  undisturbed,  as 
the  papers  can  be  easily  identified,  and  the  calendar 
prepared  for  this  volume  gives  them  in  detail  by 
numbers. 

When  Chandler  arrived  in  England,  he  was,  ac- 
cording to  his  own  statement,  penniless.  In  Sep- 
tember, 1776,  he  petitioned  Lord  George  Germaine, 
principal  Secretary  of  State  for  the  American  De- 
partment, that  present  support  might  be  provided 
him.  This  petition  is  the  first  of  the  London 
transcripts,  being  number  43  in  the  calendar.  There 
can  be  but  little  doubt  that  his  case  was  favorably 
considered  by  Lord  Germaine,  as  we  know  that 
during  his  residence  in  London  he  was  in  receipt  of 
aid  from  the  British  government,  and  it  is  likely 
that  this  assistance  began  at  that  time.  The  grants 
then  made  to  the  refugees  were  regarded  as  merely 
temporary  in  their  nature.  The  first  were  only  for 
three  months.  Then  as  the  war  was  prolonged  they 
were  renewed  from  time  to  time,  and  thus  assumed 
the  shape  of  quarterly  grants.  In  the  end  they 
became  regular  annual  allowances.1 

1  Historical  View  of  the  Commission  for  enquiring  into  the  Losses  and 
Claims  of  the  American  Loyalists  at  the  close  of  the  war  between  Great 
Britain  and  the  Colonies  in  1783,  by  John  Eardley-Wilmot,  London, 
1813,  p.  16. 


106  THE  CHANDLER  CONFISCATION 

February  17,  1779,  Chandler  petitioned  the  lords 
commissioners  of  the  treasury  for  a  further  con- 
sideration on  their  part  of  the  peculiar  hardships  of 
his  case,  representing  to  them  that  the  allowance  he 
then  received  was  not  adequate  for  his  support,  and 
that  he  had  been  compelled  to  incur  debts  which  he 
could  not  discharge.  In  this  petition,  which  is  the 
second  of  the  London  transcripts,  number  44  in 
the  calendar,  he  set  forth  at  some  length  his  former 
circumstances,  and  described  the  events  which  had 
compelled  him  to  flee  from  his  home.  A  hearing 
was  given  him  on  the  26th  of  October.  The  state- 
ments made  in  his  petition  were  corroborated  by 
certificates  from  General  Gage,  Governor  Hutchin- 
son,  Thomas  Oliver,  and  Robert  Auchmuty.  These 
certificates  are  respectively  numbers  47,  48,  49, 
and  50. 

In  1782  the  pensions  paid  the  refugees  had  as- 
sumed such  proportions  that  the  board  of  treasury 
appointed  a  committee  to  inquire  into  the  cases  of 
all  the  American  sufferers,  both  of  those  who  were 
already  in  receipt  of  assistance  and  of  those  who 
were  claiming  it,  and  to  report  their  opinion  thereon 
to  their  lordships.1 

There  can  be  but  little  doubt  that  the  petitions 
and  certificates  already  mentioned  were  copied  for 
the  benefit  of  this  committee,  and  that  the  copies 
used  by  the  committee  are  those  which  have  been 
preserved.  The  wrapper  enclosing  these  papers  is 
endorsed  "  K.  6.  Nov.  1782,"  i.  e.,  received  6th 

1  Historical  View  of  the  Commission,  etc.,  p.  18. 


THE  LONDON  TRANSCRIPTS  107 

November,  1782.  Apparently,  Chandler  availed 
himself  of  the  opportunity  thus  afforded  in  the 
examination  of  his  case  to  fortify  it  by  the  presenta- 
tion of  two  new  certificates,  a  second  from  Robert 
Auchmuty  and  one  from  Thomas  Mucker,  secretary 
of  the  province.  These  are  numbers  45  and  46. 

These  papers  are  all  from  bundle  73,  Audit 
Office,  loyalist  series,  concerning  which  Mr.  Stevens 
says,  "  The  bundles  of  original  papers  in  the  Audit 
Office  series,  in  which  alone  many  of  the  claims  for 
compensation  can  now  be  found,  owing  to  the  loss 
of  some  of  the  Commissioners'  books,  are  of  varying 
sizes  and  descriptions.  Bundle  73,  from  which 
most  of  John  Chandler's  transcripts  are  taken,  is 
approximately  a  cubic  foot,  and  contains  the  papers 
of  many  claimants.  The  papers  of  each  individual 
claimant  are  folded  together,  but  otherwise  there  is 
no  systematic  arrangement.  I  have  endeavored  to 
give  my  transcript  a  chronological  sequence."  *  The 
date  which  should  be  assigned  to  the  foregoing 
papers  would  probably  be  November  6,  1782,  the 
time  when  they  were  received  by  the  committee. 

The  exhibits  which  accompany  the  memorials  are, 
as  a  rule,  copies  of  papers  used  in  former  proceed- 
ings either  in  England  or  America.  Hence  they 
antedate  the  papers  which  they  accompany  and  to 
which  they  are  necessarily  subordinate.  If  they 
were  introduced  in  their  chronological  sequence,  it 
would  be  necessary  to  separate  them  from  the  papers 
to  which  they  were  originally  appended.  This 

1  Proc.  Am.  Ant.  Soc.,  April,  1901,  p.  175. 


108  THE  CHANDLER  CONFISCATION 

would  destroy  the  clues  to  the  history  of  the  case. 
Their  introduction  where  they  belong  in  the  presen- 
tation of  the  case  before  the  commissioners  causes 
several  instances  of  apparent  violation  of  the  chrono- 
logical sequence  in  the  arrangement  of  the  papers. 
These  were  of  course  unavoidable,  unless  all  pretence 
of  following  the  case  as  it  came  before  the  commis- 
sioners should  be  abandoned. 

The  next  transcript,  number  51,  is  from  folio 
122,  volume  105,  of  the  loyalist  series  in  the  Audit 
Office.  It  is  a  record  of  a  meeting  of  a  board, 
whether  of  the  committee  under  that  style  or  of  the 
lords  of  the  treasury  does  not  appear,  but  prob- 
ably the  latter.  It  does  not  bear  any  date,  but  it 
evidently  holds  its  proper  place  in  the  chronological 
sequence,  for  at  this  meeting  the  certificates,  which 
have  already  been  described,  were  introduced,  and 
in  addition  Harrison  Gray  is  quoted  as  having  testi- 
fied to  the  same  general  purpose.  The  minute  of 
the  proceedings  at  this  meeting  is  followed  by  a 
record  of  a  decision  recommending  an  augmenta- 
tion of  .£50  in  the  future.  This  entry  is  the  last 
of  the  transcripts  which  Mr.  Stevens  classifies  under 
"  Temporary  Support." 

We  now  come  to  the  prosecution  of  Chandler's 
claim  before  the  commissioners  appointed  under  the 
act,  and  the  several  papers  in  these  proceedings 
which  follow  are  put  by  Mr.  Stevens  under  the 
heading  of  "  Compensation."  By  far  the  greater 
part  of  them  are  from  bundle  73,  which  has  already 
been  described.  Beginning  with  number  52,  all  the 


THE  LONDON  TRANSCRIPTS  109 

transcripts  up  to  and  including  number  96  are  ap- 
parently from  this  source,  and  were  furnished  by 
Chandler  to  the  commissioners.  Before  entering 
upon  an  analysis  of  these  papers,  a  word  or  two 
may  perhaps  be  permitted  as  to  the  circumstances 
surrounding  the  birth  of  this  commission,  from 
which  one  can  learn  to  appreciate  the  highly  cred- 
itable actions  of  the  British  government  in  assum- 
ing the  heavy  obligation  of  remedying  the  wrongs 
inflicted  by  the  several  states  upon  the  exiled  loy- 
alists. 

The  work  of  the  treasury  committee  of  1782 
was  well  advanced  when  the  treaty  of  peace  was 
concluded  in  1783.  Every  effort  of  the  British 
commissioners  during  the  negotiation  which  pre- 
ceded the  treaty  having  failed  to  secure  from  the 
United  States  an  agreement  to  restore  the  property 
and  protect  the  persons  of  the  refugees,  it  was 
understood  in  England  and  foreseen  by  Parliament 
that  the  fifth  article  of  the  treaty,  wherein  it  was 
agreed  that  Congress  should  recommend  to  the  sev- 
eral states  to  take  such  action  as  would  promote 
these  results,  would  prove  to  be  merely  perfunctory, 
its  insertion  having  been  made  solely  to  show  the 
loyalists  that  they  had  not  been  forgotten.  Parlia- 
ment therefore  took  the  matter  promptly  in  hand 
and  passed  the  "  Act  appointing  Commissioners  to 
enquire  into  the  losses  and  services  of  such  per- 
sons who  have  suffered  in  their  rights,  properties, 
and  possessions,  during  the  late  unhappy  dissen- 
sions in  America,  in  consequence  of  their  loyalty  to 


110  THE  CHANDLER  CONFISCATION 

his  Majesty  and  attachment  to  the  British  Govern- 
ment." 1  The  committee  appointed  by  the  Lords  of 
the  Treasury  had  under  consideration  315  cases  at 
the  time  of  the  passage  of  this  act,  and  these  "as 
unfinished  business  were  turned  over  to  the  new 
Board  of  Commissioners." 2 

Mr.  Stevens  gives  an  interesting  account  of  the 
manner  in  which  the  commissioners  conducted  their 
meetings,  which  is  of  enough  importance  to  be  re- 
produced in  this  connection.  "In  the  ordinary 
course,"  he  says,  "  the  Commissioners  would  exam- 
ine all  the  papers  and  then  would  lay  aside  the 
Memorial,  one  Schedule  of  Losses,  when  more  than 
one,  evidences,  including  affidavits,  and  perhaps  one 
or  two  certificates  to  be  copied  into  the  Minute 
Book.  The  Commissioners  by  their  own  hands  took 
down  the  oral  evidence  of  the  claimant  and  usually 
of  two  or  three  witnesses.  These  Hearing  Notes 
would  also  be  given  in  the  Minute  Book,  and  lastly 
the  Commissioners'  '  Determination,'  usually  about 
one  page,  recapitulating  the  principal  points  of  their 
reasons  for  arriving  at  their  decisions  and  stating 
the  amount  awarded."3  The  volume  of  minutes 
covering  this  case  is  lost.  It  is  not  likely,  however, 
that  it  would  have  furnished  much  additional  infor- 
mation, as  the  presentation  of  the  case  was  so  fully 
made  by  means  of  documentary  evidence,  such  as 
the  memorials  of  Chandler,  sustained  by  affidavits 

1  23  Geo.  III.  cap.  80. 

3  Proc.  Am.  Ant.  Soc.,  April,  1901,  p.  173. 

3  Proc.  Am.  Ant.  Soc.,  April,  1901,  p.  174. 


THE  LONDON  TRANSCRIPTS  111 

and  accompanied  by  copies  of  the  Worcester  papers. 
The  amount  of  the  final  award,  which  is  the  only 
thing  of  importance  that  is  missing,  and  which,  of 
course,  would  not  be  found  in  the  evidence,  is  pre- 
served in  the  entry  in  the  Liquidation  Book,  vol. 
109,  and  is  given  later  in  the  transcripts. 

The  first  of  the  papers  under  the  heading  "  Com- 
pensation," number  52,  is  a  memorial  of  Chandler, 
dated  February  9,  1784,  addressed  to  the  commis- 
sioners appointed  by  act  of  Parliament  for  in- 
quiring into  the  losses  and  services  of  the  American 
loyalists.  In  this  he  briefly  states  the  basis  of  his 
claim  for  losses  by  confiscation  and  refers  to  two 
documents  attached  as  exhibits.  These  are  a  copy 
of  the  Worcester  protest  and  a  schedule  of  his 
property. 

The  schedule  follows  next  in  sequence  and  is  num- 
ber 53  in  the  series.  He  gives  therein  a  detailed 
list  of  the  several  parcels  of  real  estate  owned  by  him, 
to  which  he  adds  a  brief  statement  of  the  confis- 
cated personal  property.  A  statement  of  losses  of 
income  from  offices  and  from  his  store  follows  this. 
The  valuation  of  the  real  and  personal  property 
foots  up  £11,076-13-6.  In  the  heading  of  the 
schedule  the  words  "Valued  in  Sterling"  occur, 
and  over  the  column  of  figures  the  word  "  Ster- 
ling "  is  written.  There  can  be  no  doubt,  therefore, 
as  to  the  basis  of  this  valuation.  He  makes  no 
schedule  of  the  debts  due  him,  saying  that  he  sup- 
poses they  are  secured  to  him  by  the  treaty  of  peace, 
but  he  adds  a  list  of  the  property  concerning  which 


112  THE  CHANDLER  CONFISCATION 

he  has  no  evidence  of  confiscation.  A  list  of  wit- 
nesses whom  he  desires  to  have  called  to  testify  to 
his  loyalty  and  to  his  losses  is  appended. 

A  supplemental  schedule  follows,  dated  March 
15,  1784,  making  certain  corrections,  which,  with 
allowances  for  losses  of  income,  brings  up  the  valu- 
ation of  the  estate  to  £16,566-13-6.  In  this  he 
announces  the  death  of  his  wife  and  adds  the  name 
of  another  witness  to  his  losses.  This  paper  is 
number  54. 

Then  follow  the  affidavits  of  James  Putnam, 
Joshua  Upham,  Abijah  Willard,  Ebenezer  Cutler, 
and  Daniel  Murray  in  corroboration  of  the  accuracy 
of  the  valuations  set  forth  in  the  schedule.  These 
are  numbers  55,  56,  57,  58,  and  59,  and  were  all  of 
them  sworn  to  before  the  Commissioners  of  Amer- 
ican Claims  at  their  office,  Lincoln's  Inn  Fields,  at 
different  dates  in  July  and  August,  1784. 

Number  60  is  a  certified  copy  of  the  celebrated 
Worcester  protest.  The  interest  which  naturally 
attaches  to  this  document  is  increased  in  this  case 
by  the  fact  that  the  certificate  is  contemporaneous, 
having  been  made  four  days  after  the  meeting  by 
Clark  Chandler,  the  town  clerk,  who  was  compelled 
to  expunge  the  protest  from  the  record,  and  who 
was  publicly  reprimanded  for  having  entered  it. 

The  presentation  of  the  case  involved  proof  of 
loyalty  and  proof  of  loss  through  loyalty.  The  pa- 
pers which  have  already  been  examined  were  devoted 
to  these  topics.  There  was  no  occasion  for  further 
evidence  as  to  loyalty  or  character,  but  the  commis- 


THE  LONDON  TRANSCRIPTS  113 

sioners  were  not  willing  to  rely  exclusively  upon  the 
evidence  of  the  refugees  and  their  friends  in  the 
proof  of  pecuniary  losses.  They  therefore  sent  an 
agent  to  America  to  collect  such  useful  information 
as  was  possible,  and  they  required  claimants  to  sub- 
mit proof  of  confiscation  and  of  values  procured  from 
America.  The  papers  which  follow  are  in  the  main 
those  procured  by  Chandler  from  the  files  and  re- 
cords of  Worcester  and  Hampshire  counties.  Many 
of  them  are  duplicates  of  those  which  have  already 
been  reviewed,  and  there  are  also  several  duplicates 
among  the  papers  in  the  Kecord  Office.  This  was 
probably  occasioned  by  the  protracted  consideration 
of  the  case  by  the  commissioners,  which  led  Chan- 
dler from  time  to  time  to  appeal  for  a  decision,  and 
to  accompany  such  appeals  with  a  few  exhibits,  some 
of  which  were  cumulative  as  evidence  and  some 
were  merely  duplicates.  Accompanying  these  copies 
of  papers  in  America  were  certificates  of  clerks  of 
courts  and  registers  of  probate  to  the  accuracy  of 
the  copies,  and  in  turn  the  right  of  these  officers  to 
give  such  certificates  was  authenticated  under  the 
seal  of  the  state  by  the  governor.  The  duplicates 
and  the  certificates  we  can  eliminate  from  further 
consideration.  Numbers  65,  66,  67,  68,  69,  70,  71, 
and  83  are  duplicates  of  papers  in  the  Worcester 
probate  files ;  numbers  73  and  74  are  duplicates 
of  the  Worcester  court  records;  numbers  75,  89, 
96,  and  100  are  notes  by  the  transcriber  as  to 
duplicates  among  the  transcripts;  and  number  99 
is  a  duplicate  of  a  paper  already  given  in  the  tran- 


114  THE  CHANDLER  CONFISCATION 

scripts.  Numbers  61, 81,  and  86  are  certificates  by 
the  governor,  and  number  72  is  a  certificate  by  the 
Worcester  register  of  probate,  all  four  certificates 
being  of  the  formal  character  above  mentioned. 

The  court  records  of  Worcester  County  furnish 
the  judgments  in  the  confiscation  suits  against  land 
in  that  county.  Hampshire  is  the  only  other  county 
in  which  Chandler  owned  real  estate.  Number  63 
is  a  copy  of  the  judgment  in  the  suit  instituted 
against  the  estate  in  that  county.  It  will  be  remem- 
bered that  the  Worcester  suits  proceeded  to  judg- 
ment under  services  of  the  writs  by  leaving  a  copy 
at  the  last  and  usual  place  of  abode,  or  by  posting 
a  notice  on  the  premises,  and  that  in  consequence 
of  the  amendment  to  the  Confiscation  Act,  passed 
while  the  suits  were  pending,  both  these  methods  of 
service  were  made  illegal,  and  were  cured  by  special 
legislation.  The  Hampshire  suit  was  not  begun 
until  after  the  passage  of  this  amendment,  and  the 
difficulties  experienced  in  the  Worcester  cases  were 
avoided.  Some  regard  to  the  facts  was  had  in  this 
case,  in  the  allegations  in  the  declaration.  It  is 
there  alleged  that  Chandler  fled  from  Worcester 
October  1,  1774 ;  Chandler  says,  in  one  of  his  me- 
morials, that  since  September,  1774,  he  has  not  been 
able  to  procure  any  support  from  his  estate.  In 
another  he  says  he  fled  from  his  home  in  November. 
In  another  he  says  that  soon  after  the  outbreak  in 
Worcester  in  September,  1774,  he  found  it  neces- 
sary for  his  personal  safety  to  fly  for  protection  to 
Boston.  It  is  quite  likely  that  this  event  took  place 


THE  LONDON  TRANSCRIPTS  115 

about  the  time  alleged  in  the  declaration.  The  al- 
legation as  to  his  withdrawal  from  the  province  into 
parts  and  places  under  the  authority  or  control  of 
the  king  of  Great  Britain  is  to  the  effect  that  he 
went  "  to  Halifax  and  to  New  York  "  March  30, 
1776.  In  this  suit  Thaddeus  Newton  intervened, 
claiming  to  own  lot  number  9,  but  in  the  end  New- 
ton permitted  the  suit  to  go  by  default. 

Copies  of  the  writs  of  habere  facias  possessionem 
in  the  two  suits  in  Worcester  County  were  procured 
by  Chandler  and  submitted  to  the  commission. 
They  are  numbers  62  and  64.  Each  of  these  writs 
bears  the  return  of  the  deputy  sheriff  that  he  has 
put  Levi  Lincoln,  representing  the  commonwealth, 
in  possession  of  the  property. 

For  some  reason  or  other,  a  search  was  made 
against  Chandler's  name  in  the  registry  of  deeds  of 
Hampshire  County,  both  as  grantor  and  as  grantee. 
The  returns  by  the  register,  accompanied  by  the 
certificate  of  the  proprietors'  clerk  as  to  the  lots 
originally  assigned  Chandler,  furnished  complete 
evidence  as  to  the  real  estate  owned  by  him  in  that 
county.  These  papers  are  numbers  76,  77,  and  78. 
Evidence  of  the  sale  of  Chandler's  property  by  the 
committees  appointed  to  sell  the  estates  of  absentees 
was  furnished.  These  certificates  are  numbers  79, 
82,  87,  and  88.  Letters  from  Chandler,  urging 
action,  asking  what  further  proof  was  needed,  and 
adding  exhibits  to  the  great  mass  of  papers  already 
in  the  hands  of  the  commissioners,  were  forwarded 
October  11,  1785,  November  10, 1785,  February  28, 


116  THE  CHANDLER  CONFISCATION 

1786.  These  are  numbered  80,  84,  and  85.  The 
pensions  of  the  loyalists  were  subject  to  forfeiture 
if  they  left  Great  Britain  for  a  protracted  period. 
In  1786,  Chandler  obtained  a  permit  for  the  con- 
tinuance of  his  pension  for  the  period  of  twelve 
months,  during  absence  from  Great  Britain.  He 
visited  Halifax,  where  some  of  his  family  lived,  and 
in  May,  1787,  submitted  a  memorial  to  the  commis- 
sion asking  for  an  extension  of  the  permit.  This  is 
number  90.  While  in  Annapolis  Royal,  sundry 
papers  connected  with  the  claims  against  the  estate 
were  submitted  to  him.  He  replied  giving  such 
information  as  he  possessed  with  regard  to  the 
several  claims.  This  correspondence  and  the  papers 
connected  therewith  are  given  in  numbers  91,  92, 
93,  94,  and  95. 

Volumes  81,  82,  83,  loyalist  series,  Audit  Office, 
contain  a  part  of  the  papers  connected  with  the 
report  of  John  Anstey,  who  was  sent  by  the  com- 
missioners "  to  America  to  collect  the  laws  of  the 
several  states  against  loyalists,  lists  of  the  proscribed 
persons,  sales,  court  proceedings,  advertisements, 
and,  in  short,  to  get  such  official  and  other  informa- 
tion as  he  could  obtain  that  would  be  useful  to  the 
Commissioners  in  checking  or  weighing  the  indi- 
vidual claimant's  evidence."  l 

Numbers  97,  98,  99,  and  100  are  extracts  from 
these  books.  The  only  point  of  interest  connected 
with  these  is  raised  in  the  first  of  these  extracts. 
Reference  is  there  made  to  an  act  respecting  John 

1  Proc.  Am.  Ant.  Soc.  April,  1901,  p.  173. 


THE  LONDON  TRANSCRIPTS  117 

Chandler,  passed  June  28,  1781.  This  is  entitled 
"  An  Act  for  granting  to  Thaddeus  Newton  one 
hundred  acres  of  land  in  the  town  of  Murrayfield." 
The  preamble  recites  that  in  1773  Newton  was 
entitled  to  a  deed  of  one  hundred  acres  of  land  in 
Murrayfield  from  Chandler,  on  certain  conditions, 
which  conditions  he  has  fulfilled,  but  Chandler  has 
not  given  a  deed,  therefore  lot  number  9  in  the  first 
division  is  granted  to  him.1 

The  London  transcripts  conclude  with  number 
101,  which  is  an  extract  from  volume  109,  the 
Commissioners'  Liquidation  Book,  giving  an  ab- 
stract of  the  facts  connected  with  the  case,  show- 
ing the  amount  originally  claimed,  the  sum  allowed, 
the  amount  received,  and  other  details.  Doubtless 
Chandler  was  paid  in  compensation  for  his  losses, 
in  accordance  with  this  report. 

1  Laws  and  Res.  of  Mass.  1780-81,  ch.  1, 1781,  p.  479. 


APPENDIX 


A. 

CERTIFIED  COPIES  OF  THE  PAPERS  ON  FILE  IN 
THE  PROBATE  COURT  OF  WORCESTER  COUNTY 
IN  THE  COMMONWEALTH  OF  MASSACHUSETTS  IN 
THE  CASE  OF  JOHN  CHANDLER,  AN  ABSENTEE.* 

LIST    OF    PAPERS    ON    PROBATE    FILES. 

No.  1.  April  18,  1777.  Complaint  of  Committee  of  Corre- 
spondence against  John  Chandler  and  others. 

No.  2.  May  7, 1777.  Bond  of  Joseph  Allen,  Agent,  for  £2000, 
Benjamin  Conklin  and  Benjamin  Greene,  sureties. 

No.  3.   May  7,  1777.   Warrant  appointing  Samuel  Curtis,  Na- 
than Perry  and  Samuel  Miller,  appraisers. 
Return  of  Appraisers,  Jan.  1,  1779. 
Jurat,  January  2,  1778  [79  ?]. 

No.  4.  May  20,  1778.  Warrant  appointing  John  Cutting, 
David  Scott  and  Enoch  Shephard  to  appraise  the  estate 
in  Hampshire  County. 

Certificate   that    John   Kirkland   took   oath  of    office 
August  6,  1778. 

Certificate  of  the  oath  of  office  administered  to  David 
Scott,  Enoch  Shephard  September  22,  1778. 

No.  5.    October  6,  1778.   Warrant  appointing  David  Wilder, 
Timothy  Boutell  and  John  Richardson  to  appraise  es- 
tate in  or  near  Leominster. 
Jurat,  Oath  of  Office,  October  8,  1778. 
Inventory  and  appraisal,  October  8,  1778. 
1  Copied  at  Worcester,  1901. 


120  THE  CHANDLER  CONFISCATION 

No.  6.   October  6,  1778.   Warrant  appointing  John  Fry,  Henry 
Bond  and  Pelatiah  Metcalf  to  appraise  estate  in  Roy- 
alston. 
Jurat,  October  23, 1778,  Oath  of  Office. 

No.  7.  November  20,  1778.  Petition  of  Mary  Chandler  for 
the  use  of  one  third  part  of  her  husband's  real  es- 
tate. 

No.  8.  November  28,  1778.  Inventory  and  appraisal  of  the 
Royalston  estate. 

No.  9.      December  3,  1778.   Inventory  and  appraisal  of   the 

Hampshire  County  estate. 

Second  appraisal  by  John  Kirkland,  December,  1778. 
No.  10.   No  date.   Inventory  of  all  the  real  estate. 
No.  11.   January  9,  1779.   Inventory  of  Personal  Estate,  April 

7,  1777. 

Inventory  of  Worcester  real  estate,  January  9,  1779. 

Jurat,  Oath  of  Agent,  March  17,  1779. 
No.  12.   March  17, 1779.   Petition  of  Mary  Chandler  for  the 

use  of  one  third  part  of  her  husband's  real  estate. 

No.  13.   April  29, 1779.   Agent's  account  current. 
Jurat  and  Order  of  Court,  May  4,  1779. 

No.  14.  September  1,  1779.  Warrant  appointing  Samuel  Cur- 
tis, Nathan  Perry  and  Samuel  Brown  to  receive  and 
examine  claims. 

Certificate  to  the  oath  of  these  officers  that  they  acted 
faithfully,  May  1782. 

No.  15.  October  12,  1779.  Warrant  appointing  Benjamin 
Flagg,  Nathan  Perry  and  Samuel  Miller  to  set  off 
dower  for  Mary  Chandler. 

Certificate  dated  December  6,  1779,  that  they  swore 
that  they  had  acted  faithfully. 

No.  16.    December  6, 1779.   Report  of  Commissioners  setting 
off  dower  and  Consent  of  Mary  Chandler  and  Agent 
Allen. 
Decree  of  Probate  Court,  February  8,  1780. 


APPENDIX  121 

No.  17.   May  2,  1780.   Agent's  Account  current. 
Order  of  allowance  by  Court. 

No.  18.   December   25,   1781.   Report   of   Commissioners  ap- 
pointed to  examine  claims. 
Allowance  of  claims,  January  1,  1782. 
Order  of  Court,  May  7, 1782. 

No.  19.   May  20, 1782.   Certificate  of  John  Erving's  claim. 

No.  20.   May  20,  1782.   Certificate  of  Edmond  Herd's  claim. 

No.  21.  May  20,  1782.  Bond  of  Indemnity,  £2000,  Benjamin 
Greene,  Principal,  David  Sanderson  and  Samuel 
Chandler,  Sureties. 

No.  22.  January  10,  1783.  Warrant  re-appointing  Samuel 
Curtis,  Nathan  Perry  and  Samuel  Brown  to  examine 
claims. 

No.  23.  February  6,  1783.  Warrant  appointing  Samuel  Salis- 
bury, John  Nazro  and  Elijah  Dix  to  receive  and  exam- 
ine claims. 

No.  24.  February  20,  1783.  Warrant  appointing  Daniel 
Waldo,  John  Nazro  and  Elijah  Dix  to  examine 
claims. 

Eeport,  May  20, 1783. 

Jurat,  Oath  that  they  had  acted  faithfully,  June  3, 
1783. 

Certificate  of  approval,  October  7,  1783. 
Certificate  that  report   forwarded   to    Governor  and 
Council. 

No.  25.  March  1,  1783.  Bond  of  indemnity,  £552,  George 
Bethune,  Principal,  William  Hunt  and  Levi  Lincoln, 
sureties. 

No.  26.  October  7,  1783.  Order  of  Court  allowing  report  of 
Commissioners  re-appointed  to  examine  claims. 

No.  27.  February  3,  1784.  Account  of  Agent  to  which  is  ap- 
pended a  certificate  that  the  Agent  personally  appeared 
at  that  date  and  swore  to  its  truth,  followed  by  an  or- 
der allowing  account  and  discharging  Agent,  the  whole 
unsigned. 


122  THE  CHANDLER  CONFISCATION 

No.  28.   April  14, 1785.   Receipt  for  certificate  of  claim. 

No.  29.   June  15,  1785.   Certified  copy  of  Resolve  passed  by 

General  Court. 
No.  30.   June   1,  1787.   Warrant   appointing    Daniel   Waldo, 

Elijah  Dix  and  John  Nazro  to  receive  and  examine 

the  Maccarty  claims. 

Jurat,  Oath  of  Office,  July  9, 1787. 

July  10,  1787,  Report  of  Commissioners. 


[Number  1.] 

Worcester,  April  18,  1777. 

To  the  Honorable  Levi  Lincoln,  Esqr.,  Judge  of  Probate 

for  the  County  of  Worcester. 

The  Committee  of  Correspondence,  Inspection  &  Safety 
for  this  Town,  woud  inform  your  Honor,  that  Agreeable 
to  a  late  act  of  the  Great  &  General  Court  of  this  State, 
to  prevent  waste,  Destruction,  or  embezzelment  of  the 
estates  of  those  persons  who  have  left  them  &  fled  to  to 
the  enemy  and  as  by  said  act  information  must  come  to 
the  Judge  from  the  Selectmen  or  Committees  of  said 
Towns  where  said  estates  are  —  The  Committee  for 
this  Town  in  conformity  to  said  Act  woud  inform  your 
Honor,  that  John  Chandler,  Esqr.  has  absented  himself, 
leaving  a  wife  &  family,  that  James  Putnam,  Esqr.  has 
absented  himself,  with  his  whole  family  excepting  one 
negro  man  —  That  Ruf  us  Chandler  has  absented  him- 
self with  his  wife  leaving  one  child,  —  That  Doctr. 
William  Paine  has  absented  himself  &  since  sent  for 
his  wife  leaving  one  child,  —  all  which  persons  except 
Mrs.  Paine  have  been  absent  more  than  three  months 
&  said  Committee  verily  beleive  have  fled  to  the  enemy. 
By  order  of  the  Committee  of  Correspondence  &c  for 
Worcester. 

JOHN  CUNNINGHAM,  Chairman. 


APPENDIX  123 

(Endorsement  on  back) 

1. 
Case  10938    Series  A. 

John  Chandler 
Complaint  against  John  Chandler 

et  als  as  absentees. 
By  Com.  of  Correspondence  &c. 
April  18, 1777. 

Copy. 

Attest : 

(signed)  GEORGE  H.  HARLOW 
Register 

[Number  2.] 

Know  all  men  by  these  presents  that  we,  Joseph  Allen, 
Esqr.  Benjamin  Concklin,  Clerk  of  Leicester  &  Benja- 
min Green  of  Worcester,  Physician,  all  in  the  County 

of  the 

of  Worcester,  within  the  State  of  the  ^  Massachusetts 
Bay  in  New  England  are  holden  and  stand  firmly  bound 
and  obliged  unto  Levi  Lincoln,  Esqr.  Judge  of  the 
Probate  of  Wills  &  granting  administrations  within  the 
County  of  Worcester  and  also  for  appointing  Agents  and 
granting  letters  of  Agency  on  the  estates  of  those  who 
have  gone  over  to  the  Enemy  for  protection,  Agreeable  to 
an  Act  of  the  great  &  General  Court  of  this  State  passed 
the  present  year,  in  the  full  sum  of  two  thousand  pounds 
in  lawful  money  of  said  State  to  be  paid  unto  the  said 
Levi  Lincoln  Esqr.  his  successors  in  the  said  office  or 
assigns  :  To  the  true  payment  whereof,  we  do  bind  our- 
selves and  each  of  us,  our,  and  each  of  our  heirs,  executors 
and  administrators  jointly  &  severally  for  the  whole  and 
in  the  whole,  firmly  by  these  presents. 

Sealed  with  our  seals.  Dated  the  seventh  Day  of  May 
Anno  Domini,  one  thousand  seven  hundred  &  Seventy- 
seven. 


124  THE  CHANDLER  CONFISCATION 

The  condition  of  this  present  Obligation  is  such,  that  if 
the  above  bounden  Joseph  Allen  who  is  appointed  (and 
hath  taken  upon  himself)  the  office  of  Agent  on  the  estate 
of  John  Chandler,  Esqr.  who  has  left  (and  been  absent 

from more  than  three  months)  his  usual  place  of 

abode  and  gone  over  to  our  enemies,  do  make,  or  cause  to 
be  made  a  true  and  perfect  inventory  of  all  and  singular 

the  goods,  chatties,  rights  and  credits  of  the  said  

which  have  or  shall  come  to  the  Hands  possession 

or  knowledge  of  him  the  said  Agent  or  into  the  hands  and 
possession  of  any  other  person  or  persons  for  him  and  the 
same  so  made  do  exhibit  or  cause  to  be  exhibited  into  the 
Registry  of  the  Court  of  Probate  for  the  said  County  of 
Worcester  at  or  before  the  seventh  day  of  August  next 
ensuing  and  the  same  goods,  chatties,  chatties,  Rights 
and  credits  and  all  other  the  goods  chatties,  rights  and 
credits  of,  or  any  way  belonging  to  the  said  John  Chan- 
dler, Esq.,  at  the  time  of  his  absenting  or  since,  or  which 
at  any  time  shall  come  to  the  hands  &  possession  of  the 
said  agent,  or  into  the  hands  &  possession  of  any  other 
person  or  persons  for  him,  do  well  &  truly  account 
for  &  settle  the  same  according  to  law  and  further  do 
make  or  cause  to  be  made  a  just  and  true  Accompt  of  his 
said  Agency  upon  oath  at  or  before  the  seventh  day  of 
May,  which  will  be  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  seventy  eight  and  so  often  as  he  shall 
be  required  thereto  by  the  said  Judge  and  all  the  rest  & 
residue  of  the  said  goods,  chatties,  rights  &  credits,  which 
shall  be  found  remaining  upon  the  said  agents  accompt 
(the  same  being  first  examined  and  allowed  of  by  the 
Judge  or  Judges  for  the  time  being  of  Probate  of  wills 
and  granting  administrations  &  Agencies  within  the 
County  of  "Worcester  aforesaid)  &  he  shall  deliver  and 
pay  unto  such  person  or  persons  respectively,  as  the  said 
Judge  or  Judges  by  his  or  their  decree  or  sentence  pur- 


APPENDIX  125 

suant  to  law  shall  limit  and  appoint,  and  shall  in  all 
respects  faithfully  discharge  the  office  of  an  Agent  of  the 
sd.  estate  according  to  the  true  intent  &  meaning  of  the 
late  Act  of  this  State  entitled  an  Act  to  prevent  waste 
destruction  and  embezzlement  of  the  estates  of  such  per- 
sons as  have  gone  over  to  our  enemy.  Then  the  before 
written  Obligation  to  be  void  and  of  none  effect,  or  else 
to  abide  and  remain  in  full  force  and  virtue. 

Jos.  ALLEN  (seal) 

BENJ.  CONKLIN       (seal) 
BENJA.  GREENE      (seal) 

Sealed  &  delivered  in  presence  of  us, 
WM.  G.  MACCABTT. 
DANIEL  EVELETH. 

(Endorsement  on  back) 

2. 

Case  10938    Series  A. 
John  Chandler 
Bond  of 

Joseph  Allen,  Agent 
May  7,  1777 

Copy. 

Attest : 

(signed)         GEORGE  H.  HARLOW 
Register. 


[Number  3.] 

State  of  the  Massachusetts  Bay. 
Worcester,  ss. 

To  Mess.  Saml.  Curtis,  Esqr.,  Nathan  Perry  &  Samuel 

Miller,  Gentln.  all  of  Worcester. 

In  the  County  aforesaid,  Greeting.  You  are  hereby 
appointed  &  impowered  by  virtue  of  a  late  law  of  this 
State  to  take  an  Inventory  of  and  according  to  your  best 


126  THE  CHANDLER  CONFISCATION 

skill  &  Judgement  truly  &  justly  on  oath  to  apprize  all 
the  goods  or  estate  which  was  left  by  or  can  be  found 
belonging  to  John  Chandler,  Esqr.  late  of  sd.  Worcester 
who  voluntarily  went  over  to  our  enemies,  and  has  been 
absent  from  his  usual  place  of  abode  for  the  term  of  three 
months  last  past,  and  if  the  said  absent  person  left  a  wife 
behind  him  or  family,  you  are  to  apprize  the  bedding 
utensils  &  implements  of  household  furniture  every  article 
separately  by  itself  and  if  there  are  any  in  the  family 
of  the  sd.  John  Chandler,  Esqr.  which  he  was  obliged  to 
support,  who  are  not  able  to  maintain  themselves,  you 
will  return  their  names  with  their  several  inabilities  and 
the  support  they  stand  in  need  of  and  you  are  to  make 
return  of  this  warrant  with  your  doings  thereon  unto  the 
Probate  Office  in  the  same  County,  as  soon  as  conven- 
iently may  be. 

Given  under  my  hand  &  seal  of  Office  this  seventh  day 
of  May  A.  D.  1777. 

LEVI  LINCOLN,  J.  Prob. 

Worcester,  ss.  To  the  Honble.  the  Judge  of  Probate  for 
the  County  of  Worcester. 

By  virtue  of  the  within  warrant  we  have  apprized  all 
the  goods  &  estate  belonging  to  the  estate  of  John  Chan- 
dler, Esqr.  late  of  Worcester,  absentee  (which  were  shewn 
to  us  by  the  Agent  for  said  estate)  An  Inventory  of 
which,  together  with  the  value  thereof,  we  herewith 
return. 
Jany.  1st,  1779.  SAML.  CURTIS 

NATHAN  PERRY  Appraisers. 
SAML.  MILLER 

Worcester,  ss.  Jany.  2d,  1778.  Then  personally  ap- 
peared the  within  named  Saml.  Curtis,  Nathan  Perry  & 
Saml.  Miller  and  made  solemn  oath  that  in  executing  the 


APPENDIX  127 

trust  reposed  in  them  they  acted  faithfully  &  impartially 
according  to  their  best  skill  &  judgment. 

Coram,  LEVI  LINCOLN,  J.  Prob. 

(Endorsement  on  back) 

3. 
Case  10938    Series  A. 

John  Chandler 

Warrant  appointing  Worcester 
appraisers  of  real  and 
personal  property 
May  7,  1777 

Report  of  Appraisers 
Jany.  1,  1779-8  ? 

Oath  administered  to  appraisers 
Jany.  2, 1778 

Copy. 

Attest : 

(signed)    GEORGE  H.  HARLOW 
Register. 


[Number  4.] 

State  of  the  Massachusetts  Bay 

Worcester,   ss.  To   Messrs.  John  Cutting  of  Nor- 

wich, David   Scott   of  Norwich  &  Enoch  Shephard  of 
Murrayfield,  Esquires,  all  in  the  County  of  Hampshire 
&  State  of  Massachusetts  Bay  in  New  England, 
(seal) 

You  are  hereby  appointed  &  impowered  by  virtue  of  a 
late  law  of  this  State,  on  oath  to  take  an  Inventory  of  & 
(according  to  your  best  skill  &  judgment)  truly  &  justly 
to  apprize  in  lawful  money  of  this  State,  all  the  goods 
or  estate  which  was  left  by,  or  that  can  be  found  in  the 
County  of  Hampshire  belonging  to  John  Chandler,  Esqr. 
late  of  Worcester  in  the  County  of  Worcester,  who  vol- 
untarily went  over  to  our  enemies  &  has  been  absent  from 


128  THE  CHANDLER  CONFISCATION 

his  usual  place  of  abode  for  the  term  of  three  months  last 
past.  And  you  are  to  make  return  of  this  warrant  with 
your  doings  thereon  into  the  probate  office  in  the  County 
of  Worcester  as  soon  as  conveniently  may  be.  Given 
under  my  hand  &  seal  this  twentieth  day  of  May,  A.  D. 
1778. 

LEVI  LINCOLN,  J.  Prob. 

Hampshire  ss.  Personally  appeared  John  Kirkland  one 
of  the  appraisers  of  the  estate  of  John  Chandler,  Esqr. 
an  absentee  &  made  oath  that  in  appraising  sd.  estate  he 
would  act  faithfully  and  impartially  and  according  to  his 
best  skill  and  Judgment. 
August  6th,  1778. 

Coram,  SAML.  MATHER,  Judge  Probate. 

Hampshire,  ss.  Personally  appeared  David  Scott  & 
Enoch  Shepheard  two  of  the  appraisers  of  the  estate  of 
John  Chandler,  Esqr.  an  absentee  &  made  oath  that  in 
appraising  sd.  estate  they  would  act  faithfully  &  impar- 
tially &  according  to  their  best  skill  and  judgment. 

Cor.  B.  MILLS,  Just.  Pacis. 

Sept.  22,  1778. 

(Endorsement  on  back) 

4. 
Case  10938    Series  A. 

John  Chandler 
Warrant  appointing  apprs. 
of  estate  in  Hampshire  County. 

May  20, 1778. 
Oath  administered  to  Kirklaud 

Aug.  6,  1778 

Oath  administered  to  Scott  and 
Shephard,  Sept.  22,  1778 

Copy. 

Attest : 

(signed)    GEOKGE  H.  HARLOW 
Register. 


APPENDIX  129 

[Number  5.] 
State  of  the 
Massachusetts  Bay  Worcester,  ss. 

To  David  Wilder,  Timothy  Boutell  &  John  Richardson 
Gentlemen  &  all  of  Leominster,  in  said  County,  Greeting. 

You  are  hereby  appointed  &  impowered  by  virtue  of  a 
late  law  of  this  State  on  Oath  to  take  an  Inventory  of 
and  (according  to  your  best  skill  &  judgment)  truly  & 
justly  to  apprize  in  lawful  money  of  this  State  all  the 
good  or  estate  lying  in  a  gore  of  land,  adjoining  or  near 
to  Leominster  aforesaid  which  was  left  by  or  that  can  be 
found  belonging  to  John  Chandler,  Esqr.  of  Worcester 
who  voluntarily  went  over  to  enemies  and  has  been  absent 
from  his  usual  place  of  abode  for  the  term  of  three  month 
last  past,  and  your  are  to  make  return  of  this  warrant  with 
your  doing  thereon  unto  the  Probate  Office  in  the  same 
County  as  soon  as  conveniently  may  be.  Given  under  my 
hand  this  sixth  day  of  October  A.  D.  1778. 

LEVT  LINCOLN,  J.  Prob. 

Worcester,  ss.  Octr.  8th,  1778.  Personally  appeared 
before  me  Messrs.  David  Wilder,  Timothy  Boutell  & 
John  Richardson  &  severally  made  oath  that  in  apprizing 
such  goods  estate  belonging  to  John  Chandler,  Esqr.  late 
of  Worcester,  an  absentee,  as  shall  be  shewn  them  by 
Joseph  Allen,  Agent  to  said  estate,  they  will  deal  truly 
&  justly  &  according  to  their  best  skill  &  judgment. 

ISRAEL  NICHOLS,  Justice  Peace. 

An  Inventory  of  a  tract  of  land  lying  &  being  in  a  gore 
of  land  between  the  towns  of  Leominster  &  Westminster 
in  the  County  of  Worcester  shewn  to  us  this  day  by 
Joseph  Allen  Agent  to  the  estate  of  John  Chandler, 
Esqr.  late  of  Worcester  an  absentee,  as  part  of  the  estate 
of  said  Chandler,  viz :  — 


130  THE  CHANDLER  CONFISCATION 

The   above   described   tract   supposed   to    con- 
tain one  thousand  acres  at  20s/  pr  acre  £1000 
Leominster,  Octr.  8,  1778. 

DAVID  WILDER 

TIMO.  BOUTELL  Apprizers. 

JOHN  RICHARDSON 

(Endorsement  on  back) 

5. 
Case  10938    Series  A 

John  Chandler 
Warrant  appointing 

appraisers. 
Land  near  Leominster 

October  6,  1778 
Oath  administered 

October  8,  1778 
Return  made  Oct.  8, 1778. 

Copy. 

Attest : 
(signed)    GEORGE  H.  HARLOW 


[Number  6.] 
State  of  the 
Massachusetts  Bay.  Worcester,  ss. 

To  John  Fry  Esqr.,  Henry  Bond  &  Pelatiah  Metcalf 
yeomen  all  of  Royalston  in  the  County  aforesaid, 

Greeting. 

You  are  hereby  appointed  and  impowed  by  virtue  of  a 
late  law  of  this  State  to  take  an  inventory  of  and  (accord- 
ing to  your  best  skill  and  judgment)  truely  and  justly 
to  apprise  (in  lawful  money  of  this  State)  all  the  goods 
or  estate  lying  in  Royalston  aforesaid  which  was  left,  by, 
or  that  can  be  found  belonging  to  John  Chandler,  late  of 
Worcester,  Esqr.  who  voluntarily  went  over  to  our  ene- 
mies and  has  been  absent  from  his  usual  place  of  aboad, 
for  the  term  of  three  months  last  past,  and  you  are  to 


APPENDIX  131 

make  return  of  this  warrant  with  your  doings  thereon, 
unto  the  Probate  office,  in  the  same  County,  as  soon  as 
conveniently  may  be. 

Given  under  my  hand,  this  sixth  day 
of  October  A.  D.  1778. 

LEVI  LINCOLN,  J.  Prob. 

Worcester,  ss.     October  ye  23d,  1778. 
Then  the  within  named  John  Esqr.,  Henry  Bond  &  Pela- 
tiah  Metcalf  personally  appeared  &  made  solemn  oath  to 
the  f aithf ull  discharge  of  the  within  trust.     Before 

ABEL  WILDER,  Justice  peace 

(Endorsement  on  back) 

6. 
Case  10938     Series  A. 

John  Chandler. 

Warrant  appointing  appraisers 
of  estate  in  Royalston. 
October  6, 1778 

Oath  administered  Oct.  23 
Oct  23,  1778. 

Copy. 

Attest : 

(signed)    GEOKGE  H.  HAKLOW 
Register. 


[Number  7.] 

To  the  Honble.  Levi  Lincoln,  Esq.  Judge  of  Probate 
for  the  County  of  Worcester. 

Mary  Chandler  of  Worcester  in  the  County  of  Worces- 
ter, wife  of  John  Chandler,  late  of  Worcester,  Esqr.  an 
absentee.  Requests  that  you  would  assign  unto  her  one 
third  part  of  the  Improvement  of  her  said  husbands  real 
estate  dureing  his  absence,  agreable  to  an  act  of  this 
State,  made  in  the  year  of  our  Lord,  1777. 


132  THE  CHANDLER  CONFISCATION 

Intitled  "  An  act  to  prevent  the  waste,  destruction  and 
Embezzelment  of  the  goods  or  estates  of  such  persons  who 
have  left  the  same,  and  fled  to  our  enemies  for  protection 
and  also  for  Payment  of  their  just  debts  out  of  their 
estates  ". 

Worcester,  Nov.  20th,  1778. 

MARY  CHANDLER. 

(Endorsement  on  back) 

7. 
Case  10938    Series  A. 

John  Chandler. 
PeL  for  Assignment  of  one 
third  of  the  improvement 
of  her  husband's  real  es- 
tate.    Mary  Chandler 
Nov.  20,  1778. 

Copy. 

Attest: 

(signed)    GEORGE  H.  HARLOW 
Register. 

[Number  8.] 

In  Obediance  to  the  within  Warrant  we  have  apprized 
the  land  of  John  Chandler,  Esqr.  late  of  Worcester,  ab- 
sconded :  lying  in  Royalston  in  the  County  of  Worcester, 
viz. 
Lot.  No.  103  lying  on  the  Legg  north  of  Winchendon 

200  acres        (X     250 :  0  :  0 

Lot  No.  95  lying  Ditto  200  acres  200 :  0 : 0 

Lot  No.  90  200  acres  200 : 0 : 0 

Lot  No.  52  200  acres  250 : 0 : 0 

Lot  No.  26  200  acres  200 : 0 : 0 


Sum  totle  Lawfull  money  1100 : 0 : 0 

Royalston 
Novr.  28,  1778  JOHN  FETE 

HENRY  BOND  Committe 

PELATIAH  METCALF 


APPENDIX  133 

(Endorsement  on  back) 

8. 
Case  10938    Series  A. 

John  Chandler. 
Inventory  by  John  Fry,  et  als. 

Royalston 
November  28,  1778. 

Copy. 

Attest : 

(signed)    GEORGE  H.  HARLOW 
Register. 

[Number  9.] 

To  the  Honourable  Levi  Lincoln,  Esqr.  Judge  of  Pro- 
bate for  the  County  of  Worcester. 

Persuant  to  a  Warrant  of  Apprizement  directed  to  us 
the  subscribers  from  your  honour,  we  have  proceeded  to 
apprize  the  estate  of  John  Chandler,  Esqr.  an  absentee  of 
the  County  of  Worcester  which  lyeth  in  the  County  of 
Hampshire  in  the  following  manner,  viz : 

£    S  D 
Lot  No.  14  House,  Barn  &  Saw  Mill  &  under 

improvement  500  0  0 

Lot  No.  13  Containing  100  acres  at  12  pr  acre  60  0  0 
Lot  No.  15  containing  100  acres  Do  60  0  0 

Lot  No.  35  containing  100  acres  at  138/  pr  acre  65  0  0 
Lot  No.  36  containing  100  acres  at  138/  pr  acre  65  0  0 
Lot  No.  9  containing  100  acres  at  168/  pr  acre  80  0  0 
Lot  No.  10  containing  100  acres  at  17s/  pr  acre  85  0  0 
Lot  No.  32  containing  100  acres  at  15s  pr.  acre  75  0  0 
Lot  No.  28  containing  100  acres  at  15s/  pr  acre  75  0  0 
Lot  No.  29  containing  100  acres  at  148/  pr  acre  70  0  0 
Lot  No.  59  containing  100  acres  at  78/  pr  acre  35  0  0 
Lot  No.  39  containing  100  acres  at  68/  pr  acre  30  0  0 

at 

Lot  No.  56  containing  100  acres  A  88/  pr.  acre        40  0  0 
Lot  No.  97  containing  100  acres  at  ll8/  pr  acre      55  0  0 
The  above  lots  are  in  the  first  division 


134  THE  CHANDLER  CONFISCATION 

Lot  No.  30  containing  200  acres  at  7s/  pr  acre  70  0  0 

Lot  No.  31  containing  200  acres  at  8s/  pr  acre  80  0  0 

Lot  No.  33  containing  200  acres  at  78/  pr  acre  70  0  0 

Lot  No.  24,  containing  200  acres  at  9s/  per  acre  90  0  0 
Lot  No.  25,  containing  200  acres,  one  hundred 
acres  under  Bond  for  a  deed  at  10s/  pr  acre 

given  in  May  1774  100  0  0 

Lot  No.  26  containing  200  acres  at  8s/  pr  acre  80  0  0 

Lot  No.  27  Containing  200  acres  at  9s/  pr  acre  90  0  0 
Lot  No.   1  containing  200  acres  Bargained  to 

Esqr.  Kirkland  for  12  s  pr  acre  in  1774  120  0  0 
Lot  No.  71  Deed  to  &  mortgaged  by  Isaac  Wil- 
liams, Jr.  at  7  s/  pr  acre  70  0  0 
Lot  No.  64  containing  200  acres  at  8s/  pr  acre  80  0  0 

The  above  lots  are  in  the  Second  division 

Lot  No.  6  containing  100  acres  at  6/  pr  acre  30  0  0 

Lot  No.  7  containing  100  acres  at  88/  pr  acre  40  0  0 

Lot  No.  20  containing  95  acres  at  7s  pr  acre  33  5  0 
Intervail  lots  on  the  west  Branch  marked  as  fol- 
lows, viz 

O.     50  acres  at  12s/  pr  acre  30  0  0 

P.     50  acres  at  12s/  pr.  acre  30  0  0 

Q.     50  acres  at  12s/  pr  acre  30  0  0 
Lot  No.  46  omited  in  the  second  Divn.  200  acres 

at  6s/  pr  acre  60  0  0 
Undivided  lands  by  estimation  400  acres  at  3s/ 

pr  acres  60  0  0 

Sum  total,  errors  excepted  £2458  5  0 

The  Right  in  the  Additional  grant  of  1200  hun-    £    S  D 

dred  Acres 
Adjoining  No.  5.  containing  240  acres  at  6s/  pr 

acre  72  0  0 

Brought  from  the  other  page  2458  5  0 

Sum  total  errors  excepted  £2530  5  0 


APPENDIX  135 

A  true  apprizement  of  all  the  estate  that  has  come  to 
our  knowledge  belonging  to  John  Chandler,  Esqr.  and 
Absentee  from  Worcester  which  lyeth  in  the  County  of 
Hampshire 

ENOCH  SHEPARD 

JOHN  KIRKLAND  Apprisors 

DAVID  SCOTT 

N.  B.  Above  apprizement  was  valued  as  land  was  esti- 
mated in  the  year  1774  &  1775. 

Norwich  Decmr.  3th,  1778. 

The  lands  mentioned  in  this  inventory  were  apprized  ac- 
cording to  their  value  in  the  years  1774  &  1775  but  this 
mode  not  being  satisfactory  to  the  Agent  for  the  estate 
within  mentioned,  the  appraisers  now  declare  what  they 
suppose  the  additional  value  of  said  lands  is,  at  the  present 
time,  viz,  December  1778. 

Sum  brought  down  £2530     5  0 

Additional  value  of  lot  No.  14  2000    0  0 

(Ditto  of  lot  No.  15  150     0  0 

Ditto  of  Lot  No.    9  290    0  0 

Ditto  of  lot  No.  10  255     0  0 

Ditto  of  the  remaining  lots  trebled  3470  10  0 

£8695-15-0 
P.  Order  of  the  other  Apprizers. 

JOHN  KIRKLAND 

(Endorsement  on  back) 

Case  10938     Series  A  9. 

John  Chandler 
Inventory  by 

Enoch  Shephard,  et  als. 
Hampshire  Co. 
Dec.  3,  1778. 
Copy. 

Attest: 

(signed)    GEORGE  H.  HARLOW 
Register. 


136 


THE  CHANDLER  CONFISCATION 


[Number  10.] 

An  Inventory  of  the  real  estate  of  John  Chandler  Esqr., 
late  of  Worcester  an  absentee  as  contained  in  several  in- 
ventories taken  by  appraisers  appointed  for  that  purpose, 
viz : 

Lands  lying  in  Royalston  in  the  County  of  Worcester 

Lot   No.    103   lying   on   the   legg  north  of 

Winchendon  contang  200  acres  X250-0-0 

Lot  No.  95  lying  Do.  200  acres  200-0-0 

Lot  No.  90  200  acres  200-0-0 

Lot  No.  52  200  acres  250-0-0 

Lot  No.  26  200  acres  200-0-0 


£1100-0-0 


Land  lying 
Lot  No.  14 

in  the  County  of  Hampshire 
house,  barn  and  sawmill  and  under 

improvements 

500-0-0 

Lot  No.  13 

containing 

100  acres 

@  12/  per  acre 

60-0-0 

Lot  No.  15 

Do 

100  acre 

Do 

60-0-0 

Lot  No.  85 

Do 

100  acre 

@  13/  pr   acre 

65-0-0 

Lot  No.  86 

Do 

100  acres 

@    3/  pr   acre 

65-0-0 

Lot  No.    9 

Do 

100  acres 

@  16/  pr   acre 

80-0-0 

Lot  No.  10 

Do 

100  acres 

@    7/pr.  acre 

85-0-0 

Lot  No.  32 

Do. 

100  acres 

@  15/  pr    acre 

75-0-0 

Lot  No.  28 

Do. 

100  acres 

a  15/  pr    acre 

75-0-0 

Lot  No.  29 

Do 

100  acres 

@  14/  pr   acre 

70-0-0 

Lot  No.  59 

Do 

100  acres 

@    7/  pr   acre 

35-0-0 

Lot  No.  39 

Do 

100  acres 

a     6/  pr   acre 

30-0-0 

Lot  No.  56 

Do 

100  acres 

@    8/  pr    acre 

40-0-0 

Lot  No.  97 

Do 

100  acres 

a  11   pr   acre 

55-0-0 

The  above  lots  are  in  the  first  Division 

Lot  No.  30        con.      200  acres    a    7/ per  acre     70-0-0 
Lot  No.  31        Do       200  acres    a   8/  pr   acre     80-0-0 


APPENDIX 


137 


Lot  No.  33 

Lot  No.  24 
Lot  No.  23 


Do 
Do 
Do 


bond  for  a  deed 
1774 


200  acres  @  7/  pr   acre 
200  acres  @  9/  pr   acre 
200:    100    acres   under 
\  10/  pr  acre  given  May 


Lot  No.  26  Do  200  acres  @  8/  pr  acre 
Lot  No.  27  Do  200  acres  a  9/  pr  acre 
Lot  No.  1  Do  200  acres  bargained  to 

Esqr.  Kirkland  @  12/  pr  acre  in  1774 
Lot  No.  71  deeded  to  &  mortgaged  by  Isaac 

Williams,  Jr.  at  7/  pr  acre 
Lot  No.  64      cong.      200  acres  @  8/  pr  acre 

The  above  lots  are  in  the  second  division 


70-0-0 
90-0-0 


100-0-0 
80-0-0 
90-0-0 

120-0-0 

70-0-0 
80-0-0 


Lot  No.    6      cong.      100  acres 

Lot  No.    7        Do        100  acres 

Lot  No.  20        Do          95  acres  @  7/  pr  acre 

Intervail  lots  on  the  west  branch  marked  as 

follow  viz 

O  50  acres  @  12/  pr  acre 
P  50  acres  @  12/  pr  acre 
Q  50  acres  @  12/  pr  acre 
Lot  No.  46  omitted  in  2d  division  @  6/ 
Undivided  lands  by  estimation  400  acres 


6/pracre    £30-0-0 
8/  pr  acre      40-0-0 
33-5-0 


£30-0-0 
30-0-0 
30-0-0 
60-0-0 
60-0-0 


£2458-5-0 
£2458-5-0 


The  right  in  the  Additional   Grant  of  1200 
acres  Adjog  No.  5,  cong.  240  a  @  6/  pr  acre 


72-0-0 


£72-0-0 
£2530-5-0 


The  lands  in  the  County  of  Hampshire  were  appraised 
according  to  their  value  in  the  year  1774  but  this  mode 
not  being  satisfactory  to  the  Agent  for  the  estate  within 


138 


THE  CHANDLER  CONFISCATION 


mentioned  the  appraisers  now  declare  what  they  suppose 
the  additional  value  of  sd.  land  is  at  the  present  time,  viz. 
Decer.  1778. 

Additional  value  of  lot  No.  14  2000-0-0 

First  Do  of  lot  No.  15  150-0-0 

Division  Do  of  lot  No     9  290-0-0 

Do  of  lot  No.  10  255-0-0 

Do  of  the  remaining  lots  trebled  3470-10-0 

£8695-15-0 

Land  lying  &  being  in  a  gore  of  land  between 
the  towns  of  Leominster  &  Westminster  con- 
taing  1000  acres  @  20/  per  £1000-0-0 

»  The  MiU  farm  so  called  4000-0-0 

B 

'•>  The  farm  which  Thos.  Jones  lives  on  3500-0-0 

PH  The  farm  which  Gates  &  Stearns  lives  on  5500-0-0 

^  The  home  Lot  &  buildings  2500-0-0 

*  The  Cedar  Swamp  near  J.  Trobredges  80-0-0 

1  The  Pasture  near  Cat.  Mowers  260-0-0 

°<              Do     near  Capt.  Johnsons  500-0-0 

M  The  farm  where  Mr.  Cunningham  lives  6500-0-0 

4  pews  in  the  Meeting  house  200-0-0 

A  farm  in  Charlton  2000-0-0 

27040 


10. 


(Endorsement  on  back) 

Case  10938    Series  A. 
John  Chandler 
Inventory  of  real 
estate  made  up  from 
appraisers'  return 


Copy. 

Attest : 

(signed)    GEORGE  H.  HARLOW 
Register 


APPENDIX  139 

[Number  11.] 

An  Inventory  of  the  personal  estate  belonging  to  John 
Chandler,  Esqr.,  late  of  Worcester,  shewn  to  us  by  the 

we 

Agent  for  said  estate,  which  ^  have  apprized  at  the  sums 
following. 

Room  1  1-8  day  clock  at  40—1  Table 

1-4/  £41-  4 

£ 

8  Leather  Bottomd  chairs  @  2   8/  1 
looking  glass  £8/  10-  8 

£ 

1  round  table  at  1-4/  Round  about 

chair  6/  1-10 

1  fire  shovle  &  tongue  at  6/,  1  pr.  iron 

dogs  12/  18 

12  ching  platis  at  £6/  5  Delf  Do  at  15/     6-15 

4  glass  Decanters  at  16/   2  Bowls  @  3/ 

£ 

6  pictures  at  1-4/  2-  3 
(vinegar  cruets,   Beacar    glasses   wine 

glasses  and  salts  at  £1)  1-  0 

9  silver  teaspoones  £1-16/  Ismail  map  6/  2-  2      £66-  0 

Room  2d,  1  Bed,  beding  and  curtngs  at 
£11-10  11-10 

1  sacking  Bedstead  @  18/  18 

£ 

1  small  bed,  bedding  &  Bedstead  at  6        6 

1   Desk  at  3/  1  desk  at  12/  1  small 

table  @  £1  16 

1  chamber  table  at  6/  1  small  chest  5/  11 

6  flagg  Bottomd.  chairs  at  £1-16/  1-16 

1   small  looking    glass    10/   2   quarto 

bibles  2  2-10 

Betwen  60  &  70  volums  of  Octave  duo- 

disimo  and  Quarto  @  £40-  0        79-  5 


140  THE  CHANDLER  CONFISCATION 

Koom  3d.     1  bed  with  Harriteene  cur- 
tins  &  furniture  15 
1  Bed,  bedstead,  coverled  and  Blanket 

at  10 
1  case  of  draws  at  X15,  one  easey  chair 

@£S  23 

6  Harriteene  Bottomd.  chairs  at  <£9  9 

1  looking  glass  .£20, 1  chamber  table  £5  25 

1  homespun  carpet  at  15/  -15     £82-15 

Koom  4.  1  Bed,  Bedstead  and  calico 
cuttings  &  other  furniture  at  12 

£ 

1  case  of  draws  at  3, 1  toilet  table  at  18/      3-18 

£  £ 

1  chamber  table  at  3/  1  looking  glass  6      9 
6  cain  chairs  at  X3-12/   1  trunk  2/  3-14 

1  Pr.  window  curtings  at  6/    1  broken 

china  bowl  6/  12        29-  4 

Boom  5th.  2  common  Beds,  bedsteads 
and  beding,  under  beds  &c  @  ,£4 
each  8- 

1  old  leather  trunk  &  1  old  chest  at  6/ 

each  -12 

2  old  flagg  bottomd.  chairs  at  4/  -  4          8-16 

Room  6.     1  Bed,  Beding  &  bedstead  @  1-10         1-10 
Room   7th.     1  Bed,  Bedstead  &  Bed- 
ing at  £5  5- 
2  old  chairs  @  12/  1  writing  desk  at  12/  1-4         6-4 

Room  8th.  1  Bed,  Bedding  &  Bed- 
stead £6 


1  old  chair  2/  -26-2 


£ 


Room  9.     1  Bed,  beding  &c.  5/    1  bed, 

bedding   4/  9 

2  chairs  at  2/  1  Dutch  glass  6/  -  8         9-  8 


APPENDIX  141 

Room  10th.     1  Bed,  bedding  &c  at  X6/ 

1  small  looking  glass  12/  6-12 

1  case  of  draws  @  £A  10/  3  chairs  @ 

12/  5-  2 

1  chamber  table  @  8/  7  pictures  in  the 

stair  case  12/  1 

1  glass  lanthorn  20/  2  pictures  @  6/         1-6 
1  Bound  about  chair  @  12/  1  Green 

couch  @  48/  3  £17-  0 

Room  llth.  2  Bellmettle  skellets  at 

48/  1  iron  skiUet  6/  2-14 

3  brass  skimmers  @  6/  1  brass  cullen- 
der 3/  -  9 

3  Brass  skillets  10/  2  testing  irons  18/ 

1  flesh  fork  2/  1-10 

1  Iron  chaffing  dish  2/8  1  brass  Do  1/4  4 

1  pr.  brass   chafing   dishes   10/    1  pr. 

brass  candle  sticks  30/  2- 

1  pr.   smaller    candlesticks   12/    1  pr. 

small  dito  at  10/  1-  2 

7  Iron  candlesticks  21/  1  warming  pan 

18/  1  bellows  6/  3-5 

1  jack  weights   &   line   @   3     1  iron 

grate  6/  3-  6 

1  pr  Andirons  20/   1  pr.  Tongs  &  fire 
shovel  12/  1-12 

4  oval  earthan  dishes  12/    2  doz.  best 
peuter  plates  7-4  7-16 

2  doz.  other  peuter  plates  3-12/  1  cop- 
per coffee  pot  12/  4-4 

1  brass  coffee  pot  10/  1  tin  ditto  2/  12 
1  copper  tea  kittle  12/  12  peuter  dishes 

@  X4  4-12 

5  iron  pots  1  at  12/  1  @  9/  3  at  5/  each  1-16 


142  THE  CHANDLER  CONFISCATION 

1  iron  kettle  @  S/  1  copper  baking  pan 

@  24/  1-12 

3  flat  irons  @  8/  1  Gridiron  &  frying 

pan  12 

1  morter  @  18/  1  meal  chest  I/  2  But- 
ter-tubs 2/  1-  1 

1  iron  crain  &  4  tramels  @  3/  1  brass 
kittle  40/  5 

1  brass  kittle  @  48/  1  Dio.  at  40/  2-  8 

1  old  square  table  @  18  1  old  dito  @ 

6/  1  Dito.  @  6/  1-10 

1  Table  a  3/  3     £47-  8 

Room  12th.  1  large  looking  glass  @ 
20  20 

8  leather  bottomd.  chairs  £12/  1  round 
about  chair  8/  12-  8 

1  square  tee  table  £3/  1  round  ditto  8/ 

4  tee  pots  6/  3-14 

2  large  delph  &  1  china  bowl  broken         1-  4 

3  Vinegar  Cruets  &  2  beakors  @  10/  10 

1  japand  salver  @  12/  2  cream  collard 
pudding  dishes  17 

4  earthen  dishes  @  24/  1  china  Beaker  6/     1-10 

2  large  Dining  tables  £6/  1  pr.  brass 

topt  andirons  48/  8-  8 

2  pictures  20/  1  coarse  flore  carpet 

@  10/  1-10 

1  Glass  tumbler  (a),  4  4  £50-  5 


Stock  and  out  dore  moovables. 
6  dozn.  glass  bottles  @  .£3  12/  1  Riding 

shaye  &  harness  23-12 

1  hay  hook  3/    3  haye  forks  @  6/   3 

Draft  chains  @  24/  each  4-  1 


APPENDIX  143 

1  small  chain  @  6/    2  shad  shovels  @ 

8-5  old  hoes  @  8  1-2 

1  dung  fork  @  6/    2  iron  crow  bars 

@  4-16  5-  2 

1  riding  slaye  a  24/    1  horse  @  16          17-  4 

2  Bettle  rings  @  6/  3  old  siekels  @  4 

1  old  axe  @  6/  16 

1  sigth  snath  and  tackling  @  6/  6-        52-  3 

1  cowe  a  £14/  1  cow  @  £10   1  Dito 

@£12  dito  £llf  47-  0 

1  Dito  @  12£  12  sheep  40/  each  36 

a 

6  old  table  cloths  36/  12  old  napkins 
@  12/  2-  8 

4  old  meet  tubs  32/  1  Winrowing  mill 

£6/  7-12 

8 

2  draft  chains  @  48/  1  Ox  yoak  staple 

&  ring  @  12/  3 

1  old  spade  @  3/  1  iron  harrow  @ 

£6/  6-  3 

1  old  cart  with  ye  irons  belonging  thereto 

@  £8/  8- 

1  plow  &  irons  £3   1  iron  crow  bar  48/ 

1  cheese  press  18/  6-  6    £116-  9 

Done  at  Worcester  April  ye  7, 
1777    Total  £572-  9 

Eeal  estate 

The  mill  farm  so  called  @  £4000 

The  farm  which  Phinehas  Jones  lives  on  @    3500 
The  farm  which  Jona.   Gates  &   Charles 

Stearnes  lives  on  @  5500 

The  house  lot  near  the  meeting  house  with 

the  Buildings  standing  thereon  at  2500 


144  THE  CHANDLER  CONFISCATION 

The  cedar  swamp  near  James  Trowbridges  @         80 
The  pasture  lying  near  Capt.  Saml.  Mow- 
ers @  260 
The  pasture  lying  near  Capt.  Micah  John- 
sons                                                                  500 

John 

The  Farm  whare  Mr.  ^  Cunningham  dwells 

with  the  buildings  belonging  thereto  @       6500 
Four  pews  in  the  meeting  house  @  200 


£23615-  9-  0 
Worcester  Jany.  9th,  1779. 

SAML.  CURTIS 

NATHAN  PERRY  Apprisers. 

SAML.  MILLER 

Memo.  2/3d.  of  a  farm  in  Charlton  estimated  at  two 
thousand  pounds  making  in  the  whole  twenty-five  thou- 
sand six  hundred  &  fifteen  pounds  nine  shillns. 

(On  back) 

Case 

Worcester,  ss.  March  17th  1779.  personally  appeared 
Joseph  Allen,  Agent  on  the  estate  of  John  Chandler, 
Esqr.,  late  of  Worcester  as  absentee  &  made  solemn 
oath  that  the  foregoing  together  with  the  three  accom- 
panying inventory  herewith  exhibited  contains  a  just  & 
perfect  inventory  of  all  the  estate  of  the  said  absentee 
except  the  rents  of  the  real  estate  &  the  proceeds  of  the 
sale  of  the  stock  so  far  as  has  come  to  his  the  sd  Agents 
Knowledge  &  that  if  anything  further  should  come  to  his 
knowledge  he  would  cause  the  same  to  be  added. 
Coram 

LEVI  LINCOLN,  J.  Prob. 


APPENDIX  145 

(Endorsed  on  back) 

11. 
Case  10938    Series  A. 

John  Chandler 
Inventory  real  and  personal, 

Worcester,  by 
Samuel  Curtis  et  als. 
Personal,  April  7,  1777 
Real,  January  9th,  1779 
Oath  of  Agent 
March  17, 1779. 

Copy. 

Attest : 
(signed)        GEORGE  H  HARLOW 

Register. 

[Number  12.] 

To  the  Hon.  Levi  Lincoln,  Esqr.  Judge  of  the  Probate 

of  wills,  &c.  in  and  for  the  County  of  Worcester, 
Whereas  the  subscriber  has  heretofore  requested  your 
honor  to  assign  to  her  the  use  &  improvement  of  one 
third  of  the  real  estate  of  her  husband  John  Chandler, 
Esqr.  late  of  Worcester,  absentee,  lying  &  being  within 
this  State  according  to  a  law  of  said  State  made  &  passed 
A.  D.  1777,  And  whereas  no  such  assignment  has  as  yet 
been  made,  she  again  desires  &  requests  that  such  assign- 
ment may  be  made  agreeable  to  said  law  &  that  she  may  be 
put  in  possession  of  one  third  part  of  said  estate,  to  have 
&  improve  the  same  by  virtue  of  such  assignment  for  her 
own  benefit  &  use.  The  anxiety  &  solicitude  attending 
the  long  suspense  she  has  been  in  relative  to  the  premises 
are  very  dissagreable  to  her,  for  which  as  well  as  other 
reasons,  she  is  moved  to  make  this  request,  which,  if 
granted,  will  be  of  essential  service  to  her,  as  a  permanent 
security  of  the  support  of  herself  &  her  orphan  family. 

MARY  CHANDLER. 

Worcester,  March  17th,  1779. 


146  THE  CHANDLER  CONFISCATION 

(Endorsement  on  back) 

12. 
Case  10938    Series  A. 

John  Chandler 
2nd  Pet.  for  Assignment  of 
the  use  and  improvement 
of  one-third  the  real  estate  &o. 
March  17, 1779. 

Copy. 

Attest : 

(signed)        GEORGE  H.  HARLOW 
Register. 

[Number  13.] 

Worcester,  April  29th,  1779.  The  Accompt  of 
Joseph  Allen,  Agent  on  the  estate  of  John  Chandler, 
Esqr.  late  of  Worcester,  an  absentee,  so  far  as  relates  to 
the  leasing  out  said  absentees  real  estate  for  the  current 
year  (excepting  what  has  been  allowed  by  the  Honble. 
Judge  of  Probate  to  the  wife  &  family  of  said  absentee) 
in  pursuance  of  a  late  resolve  of  the  General  Court  for 
that  purpose. 

The  said  Accomptant  chargeth  himself  with  the  amount  of 
the  sums  at  which  said  real  estate,  lying  in  the  Counties  of 
Worcester  &  Hampshire,  was  leased,  being  1801-16-0 

And  prays  allowance  as  follows  :  — 

For  expences  at  the  house  where  the 
estate  was  leased  £  2 

drawing  &  executing  28  leases  28 

7  days  time  &  expences  including  the 
charge  of  sending  a  person  to  the 
County  of  Hampshire  to  lease  part 
of  said  real  estate  lying  there  in- 
cluding the  travelling  said  estate 
into  proper  divisions  and  viewing 


APPENDIX  147 


the  situation  thereof  at  the  time  of 
giving  the  leases  39 

Cash  pd.  the  vendue  Mst.  for  his 
trouble  9 


£78 

Also  for  cash  pd.  for  notifying  the 
time  &  place  of  said  sale  in  the 
Worcester  &  two  of  the  Boston 
news  papers  8-  2 

£86-  2 


£1715-14-0 

Errors  excepted. 

Jos.  ALLEN,  Agent  on  estate. 

Worcester,  ss.  May  4th,  1779.  Then  personally  ap- 
peared the  above  named  Joseph  Allen,  Agent  as  abovesd. 
and  made  solemn  oath  to  the  truth  of  the  foregoing 
account. 

I  allow  thereof  by  which  it  appears  he  has  a  ballance  in 
his  hands  of  the  sum  of  seventeen  hundred  and  fifteen 
pounds  fourteen  shillings  which  I  order  him  to  pay  unto 
the  treasurer  of  this  State  agreeable  to  a  resolve  of  the 
great  and  General  Court  of  the  seventeenth  of  Feby. 
Annoque  Domini  1779.  In  testimony  whereof  I  have 
hereunto  set  my  hand  this  4th  day  of  May  A.  D.  1779. 

LEVI  LINCOLN,  J.  Prob. 

(Endorsement  on  back) 

13. 
Case  10938    Series  A. 

John  Chandler 
Acct.  Current  of  Joseph  Allen. 

AprU  29, 1779 
Sworn  to  May  4, 1779 
Order  of  Court  May  4, 1779 


148  THE  CHANDLER  CONFISCATION 

Copy. 

Attest: 

(signed)    GEORGE  H.  HARLOW 
Register. 

[Number  14.] 

Worcester,  ss.     State  of  Massachusstts  Bay  in  New 

(seal)      England. 

By  the  Honble  Levi  Lincoln,  Esqr.,  Judge  of  the  Pro- 
bate of  Wills  &  for  granting  letters  of  admr.  &  letters  of 
Agency  on  the  estates  of  such  persons  absentees  who  have 
left  this  State  &  fled  to  our  enemies  for  protection  since 
the  19th  day  of  April  A.  D.  1775  leaving  estate  to  the 
value  of  twenty  pounds  &  for  appointing  comissioners  to 
receive  &  examine  the  claims  on  such  absentees  estate, 
within  sd.  County. 

To  Samuel  Curtis,  Esqr.,  Nathan  Perry  and  Samuel 
Brown,  Gentlemen  all  of  Worcester  in  the  County  &  State 
aforesaid  Greeting. 

You  are  hereby  nominated  &  appointed  according  to  a  law 
of  this  State,  comissioners  with  full  power  &  authority 
to  receive  &  examine  all  claims  &  how  they  are  made  out 
of  the  several  creditors  to  the  estate  of  John  Chandler, 
late  of  Worcester  in  said  County,  Esquire  an  absentee, 
who  left  this  State  &  fled  to  our  enemies  for  protection  as 
aforesaid,  and  to  the  end  said  creditors  may  bring  in  their 
claims,  you  are  to  cause  the  times  &  places  of  your  meet- 
ing to  attend  them  by  receiving  &  examining  their  claims 
to  be  made  known  &  published  by  posting  up  the  same  in 
some  public  places  in  the  shire  town  of  the  County  af oresd. 
&  by  advertising  the  same  in  the  Independent  Chronocle 
printed  by  William  Boston  &  in  the  News  paper  printed 
in  Worcester,  and  you  are  to  make  report  &  to  present  a 
true  list  to  me  the  said  Judge  upon  oath  of  all  such  claims 
as  to  you  upon  examination  appears  justly  due  &  owing 


APPENDIX  149 

from  said  Absentee  at  or  before  the  first  day  of  September 
A.  D.  1780  &  afterwards  to  present  a  list  as  aforesaid 
from  time  to  time  as  the  said  Judge  may  require  until  the 
final  settlement  of  said  estate  when  you  are  to  make  return 
of  this  Comission  with  all  your  doings  thereon  not  before 
returned  and  all  agreeable  to  the  direction  of  law.  In 
testimony  whereof  I  have  hereunto  set  my  hand  &  the  seal 
of  said  Court  of  Probate.  Dated  at  Worcester  this  first 
day  of  September  A.  D.  1779  &  in  the  fourth  year  of 
American  Independence. 

LEVI  LINCOLN,  J.  Prob. 

Worcester,  ss.  May  1782.  Personally  appeared  Samll. 
Curtiss  Esq.,  Nathan  Perry  &  Saml.  Brown  the  within 
named  Commissioners  and  made  solemn  oath  that  in  exe- 
cuting the  trust  reposed  in  them  by  virtue  of  this  Com- 
mission, they  acted  faithfully  and  impartially  according 
to  the  best  of  their  skill  and  judgement. 
Coram, 

JOSEPH  WHEELEK,  J.  Pacis. 
By  order  of  the  Hon.  Judge. 

(Endorsement  on  back) 

14. 
Case  10938     Series  A. 

John  Chandler 
Warrant  appointing  commrs.  to 

examine  claims. 
September  1,  1779. 
Oath  administered  May  1782. 

Copy. 

Attest : 

(signed)    GEORGE  H.  HARLOW 
Register. 


150  THE  CHANDLER  CONFISCATION 

[Number  15.] 

Worcester,  88.     State    of  Massachusetts  Bay  in  New 
(seal)     England  By  the  Honble.  Levi  Lincoln,  Esqr. 
Judge  of  the  Probate  of  Wills  &c.  in  &  for  the  County  of 
Worcester. 

To  Benjamin  Flagg,  Esqr.  Nathan  Perry,  Gentman,  and 
Samuel  Miller,  yeoman  all  of  Worcester  in  sd.  County, 

Greeting. 

Pursuant  to  the  Acts  &  laws  of  said  State  relating  to 
the  estates  of  certain  persons  commonly  called  absentees 
&  the  power  &  authority  to  me  therein  given,  I  do  hereby 
authorize  &  appoint  you  the  above-named  three  persons  a 
committee  on  oath,  to  appraise  all  the  real  estate  whereof 
John  Chandler  late  of  Worcester  in  said  County,  Esqr, 
an  absentee  was  seized  &  possessed  since  the  nineteenth 
day  of  April  A.  D.  1775  at  the  present  true  value  thereof 
in  lawful  money. 

When  you  have  perfected  your  inventory  you  are  to  set 
off  to  Mary  Chandler  (the  said  absentee's  wife)  one  third 
part  of  the  said  real  estate,  so  as  may  be  convenient  for 
her,  for  her  dower  therein  during  her  life  &  continuance 
within  the  United  States  of  America  &  what  you  so  set 
off  you  are  to  describe  by  plain  &  lasting  meets  and 
bounds  that  so  confusion  may  be  prevented  upon  the 
reversion  of  the  dower. 

When  you  go  about  your  work  let  the  Agent  &  all  parties 
concerned  have  notice ;  &  if  all  said  parties  are  satisfied 
with  your  proceedings  let  them  signify  the  'same  by  coun- 
tersigning. 

Finally  seal  up  this  comission  with  your  doings  thereon  & 
return  the  same  with  all  convenient  speed  into  the  Regis- 
ters office  of  Probate  by  some  or  one  of  yourselves. 


APPENDIX  151 

Goven  under  my  hand  &  seal  of  office  at  Worcester  this 
twelveth  day  of  October  A.  D.  1779  &  in  the  fourth  year 
of  American  Independence. 

LEVI  LINCOLN,  J.  Prob. 

Worcester,  ss.  Deer.  6th  1779.  Then  personally  ap- 
peared the  within  named  Benja.  Flagg,  Nathan  Perry  and 
Samuel  Miller  and  made  solemn  oath  that  in  executing 
the  trust  reposed  in  them  by  the  within  warrant,  that  they 
acted  faithfully  and  impartially  according  to  their  best 
skill  &  judgement. 

Coram,  LEVI  LINCOLN,  J.  Prob. 

(Endorsement  on  back) 

15. 
Case  10938     Series  A. 

John  Chandler 

Warrant  appointing  Commrs.  to 
appraise  &  set  off  1/3  to  wife. 

October  12, 1779. 
Oath  administered  Dec.  6, 1779. 

Copy. 

Attest: 

(signed)    GEORGE  H.  HARLOW 
Register. 


[Number  16.] 

We  the  subscribers,  authorized  &  appointed  by  the  Hon. 
Levi  Lincoln,  Esqr.  Judge  of  Probates  for  the  County  of 
Worcester  to  appraise  all  the  real  estate  whereof  John 
Chandler  late  of  Worcester  in  said  County,  Esqr.  an 
absentee  was  seized  &  possessed  since  the  nineteenth  day 
of  April,  A.  D.  1775,  and  to  sett  off  to  Mary  Chandler, 
the  said  absentees  wife,  one  third  part  of  said  real  estate, 
so  as  may  be  convenient  for  her,  for  her  dower  therein 
during  her  life  continuance  within  the  United  States  of 


152  THE   CHANDLER  CONFISCATION 

America,  have,  on  the  day  of  the  date  hereof  proceeded 
on  said  business,  &  have  accordingly  appraized  said  real 
estate  as  f olloweth,  viz  :  — 

£ 
The  Homestead,  whereon  the  said  Mary  Chandler 

now  dwells,  with  the  buildings  thereon  at  5000 

The  farm  commonly  called  the  Mill  farm,  now 
occupied  by  Josiah  Gates,  with  the  buildings 
thereon  together  with  the  Mill  &  Mill  spot  12000 

A  pasture  near  Capt.  Micah  Johnson's  1200 

A  pasture  near  Capt.  Moore's  800 

The   farm   occupied   by  Cha.  Stearns  &   Jona. 

Gates  with  the  buildings  thereon  15000 

A  cedar  swamp  lying  near  the  road  leading  from 

Worcester  Meeting  house  to  Oxford  120 

The  farm  whereon  Rufus  Chandler  lately  dwelt 
situated  near  the  prison  together  with  the 
buildings  thereon  17700 

A  wood  lot  adjoining  land  of  Charles  Adams  & 
Mill  stone  hill,  so  called  containing  by  estima- 
tion 17  acres  255 
The  above  described  lands  &  buildings  are  situ- 
ated in  Worcester  aforesaid 

Also  a  farm  lying  partly  in  Worcester  &  partly 
in  Leicester  now  occupied  by  Amos  Putnam  to- 
gether with  the  buildings  thereon  at  10000 
Two  thirds  of  a  farm  lying  partly  in  Charlton  & 
partly  in  Oxford  with  two  thirds  of  the  build- 
ings thereon  3000 

4  pews  in  the  Meeting  house  in  Worcester 

1  at  £120 

1  100 

1  90 

1  90        400 


APPENDIX  153 

The  following  lots  of  land  lying  in  Murrayfield  & 

Norwich  in  the  County  of  Hampshire 
No.  14  with  the  buildings  &c.  .£3035 

13 180 

15 269 

35 195 

36 195 

9 315 

10 315 

32 225 

28 225 

29 210 

59 105 

39 90 

56 120 

97 165 

30 210 

31 240 

33 210 

24 270 

23 100 

26 240 

27 270 

1 120 

64 240 

71 70 

6 90 

7 120 

20 100 

Letter  O 90 

P 90 

Q 90 

No.  46 180 

Undivided  land  180 
The  right  in  the  additional  Grant  of  1200 

acres  adjoining  No.  5  216       8770 


154  THE  CHANDLER  CONFISCATION 

The  following  lots  of  land  lying  in  lioyalston  viz, 

No.  103 £290 

95 230 

90 230 

52 290 

26 230      1270 

A  tract  of  land  lying  &  being  between  the  Towns 
of  Leominster  &  Westminster  supposed  to  con- 
tain one  thousand  acres  1000 


Total  £76515 

We  then  sett  off  to  the  wife  of  the  said  Absentee  out  of 
said  real  estate  as  her  third  part  of  the  same, 
The   Homestead  whereon   she  now   dwells    ap- 
praised at  £5000 
The  pasture  by  Capt.  M.  Johnson's  at  1200 
The  pasture  by  Capt.  Moore's  800 
The  farm  near  the  prison  whereon  Ruf us  Chandler 

lately  dwelt  with  the  buildings  thereon  17700 

The  wood  lot  adjoining  land  of  Charles  Adams  & 

Mill  Stone  hill  (so  called)  255 

A  pew  in  the  meeting  house  between  those  of 

T.  Paine  Esqr.  &  Capt.  Saml.  Moore  100 

A  piece  of  land  situated  on  a  road  leading  from 
the  Meeting  house  to  Paxton,  by  estimation  ten 
acres  &  bounded  as  follows,  beginning  at  the 
corner  of  the  wall  on  the  southerly  side  of  said 
road  which  is  a  line  between  land  lately  be- 
longing to  said  John  Chandler,  Esqr.  &  land  of 
Wm.  Jennison  Stearns,  beginning  at  the  above 
mentioned  road  running  southerly  sixty  rods 
on  the  division  line  between  said  Chandler's  & 
said  Stearns  land  to  a  stake  &  stones,  from 
thence  turning  &  running  eastwardly  twenty 


APPENDIX  155 

seven  rods  to  a  stake  &  stones,  from  thence 
turning  &  running  northwardly  sixty  rods  to  a 
stake  &  stones  from  thence  turning  &  running 
on  said  road  twenty  seven  rods  to  the  first 
mentioned  bounds  which  we 

appraise  at  450 

Making  in  the  whole  ,£25505 

The  lands  &  buildings  set  off  as  above  all  lie 
in  the  town  of  Worcester. 

All  which  so  set  off  we  judge  equal  to  one  third 
part  of  the  value  of  said  Absentee's  real 
estate. 

Dated  at  Worcester  this  sixth 
day  of  December,  A.  D.  1779. 

BENJA.  FLAGG 

NATHAN  PERRY  Committee 

SAMLL.  MILLER 

We  consent  MARY  CHANDLER 

Jos.  ALLEN,  Agent  on  the  Estate  of 
John  Chandler,  Esq.  an  Absentee. 

Worcester 

Worcester,  ss. 

(seal)  To  all  people  to  whom  these  presents 

shall  come  Levi  Lincoln,  Esq.  Judge  of  the  Probate 
of  Wills  and  granting  administrations  as  also  letters  of 
Agency  on  the  estates  of  absentees  &c.,  for  the  County 
of  Worcester,  in  the  State  of  the  Massachusetts  Bay,  in 
New  England,  sendeth  Greeting. 

Whereas  the  commissioners  by  me  appointed  &  sworn  for 
the  appraisal  of  all  the  real  estate  whereof  John  Chandler, 

an  absentee 

late  of  Worcester  in  the  County  of  Worcester,  Esq,  /^ 
was  seized  and  possessed  since  the  nineteenth  day  of 


156  THE  CHANDLER  CONFISCATION 

April  in  the  year  of  our  Lord  seventeen  hundred  & 
seventy-five:  As  also  for  the  setting  off  to  the  use  and 
improvement  of  Mary  Chandler,  wife  of  the  said  absentee 
one  third  of  the  said  real  estate,  have  made  the  foregoing 
return  into  the  Registry  of  Probate  for  the  said  County, 
by  which  it  appears  that  the  whole  of  the  said  estate  is 
valued  &  appraised  at  the  sum  of  seventy  six  thousand, 
five  hundred  &  fifteen  pounds,  and  the  one  third  of  the 
said  estate  as  particularly  set  forth,  at  the  sum  of  twenty 
five  thousand,  five  hundred  &  five  pounds:  Know  ye, 
that  pursuant  to  the  acts  &  laws  of  the  said  State  relating 
to  the  settlement  of  the  estates  of  intestates  &  the  estates 
of  persons  commonly  called  absentees,  &  the  direction, 
power  &  authority  to  me  therein  given,  I  do  hereby 
accept  of  the  doings  of  the  said  Commissioners,  as  con- 
tained in  the  return  aforesaid,  by  them  subscribed,  and 
order  the  same  to  be  recorded,  and  do  assign  &  sett  off 
to  the  use  &  improvement  of  the  said  Mary  Chandler  the 
said  absentee's  wife,  every  &  all  those  pieces,  parts  or 
parcels  of  land  and  farms  with  all  the  buildings  tene- 
ments, privileges  &  appurtenances  thereon,  or  thereunto 
anyways  belonging  or  appertaining  mentioned  in  the  said 
return  as  sett  off  to  the  said  Mary  as  her  third  of  the 
said  estate,  to  have  &  to  hold  the  hereby  set  off  &  as- 
signed premises  with  all  the  members,  privileges  &  appur- 
tenances thereof  unto  her  the  before  named  Mary  for  & 
during  the  term  of  her  natural  life  &  continuance  within 
any  of  the  United  States  of  America. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  & 
caused  the  seal  of  Office  to  be  affixed  this  eighth  day  of 
February,  in  the  year  of  our  Lord  seventeen  hundred  & 
eighty. 

LEVI  LINCOLN,  J.  Prob. 


APPENDIX  157 

(Endorsement  on  lack) 

16. 
Case  10938    Series  A. 

John  Chandler 
Report  of  Commrs.  to  set  off 
1/3  part  of  real  estate 
December  6,  1779 

Decree  of  Court  sustaining 
action  of  appraisers 
February  8,  1780 

Copy. 

Attest : 

(signed)    GEORGE  H.  HAKLOW 
Register 

[Number  17.] 

The  account  of  Jos.  Allen,  Agent  on  the  estate  of  John 

Chandler,  late  of  Worcester,  Esqr.  an  absentee,  so  far  as 

relates  to  the  said  Agent's  leasing  out  said  absentees  real 

estate,  lying  in  the  County  of  Worcester,  for  the  current 

year. 

The  sd.  Accomptant  chargeth  himself  with 

the  amount  of  what  said  real  estate  leased  £ 

for  the  present  year  being  4083-  4-  0 

And  prays  allowance  as  follows,  viz 

for  advertising  said  estate  for 

sale  in  the  Worcester  &  two 

of  the  Boston  papers  ,£13-10-  0 

For  cash  pd.  Mr.  Bridge  Ven- 

due  master  11 

Expences  at  the  house  where  sd. 

estate  was  leased  3     1 

Drawg.  &  executing  16  leases 

at  £3  48 

4  days  time  &  expences  in  ad- 


158  THE  CHANDLER  CONFISCATION 

vertising  the  sale  in  different 
towns,  attending  the  vendue 
&  viewing  the  situation  of  the 
premises  &  receiving  monies,  60 
Fees  at  the  probate  office  for 
framing,  examining,  allowing 
&  recordg.  this  account  &  for 
2  copies  of  the  same  18 


£  153-11 
Kemains  £3929-13 

Worcester,  ss.  May  2d,  1780.  Then  personally  ap- 
peared Joseph  Allen,  Agent  as  abovesaid  &  made  solemn 
oath  to  the  truth  of  the  foregoing  account  &  producd 
vouchers  for  the  payments  therein  contained.  I  allow 
thereof  by  which  it  appears  he  has  a  ballance  in  his  hands 
of  the  rents  of  the  said  Absentee's  estate  to  the  amount  of 
.£3929-13  which  I  order  him  to  pay  unto  the  Treasurer 
of  this  State  agreeable  to  a  resolve  of  the  great  &  General 
court  for  that  purpose. 

LEVI  LINCOLN,  J.  Prob. 

(Endorsement  on  back) 

17. 
Case  10938    Series  A. 

John  Chandler 
Acct.  current  of  Joseph  Allen, 

Agent. 
Sworn  to  May  2, 1780. 

Copy. 

Attest : 

(Signed)    GEORGE  H.  HARLOW 
Register. 


APPENDIX  159 

[Number  18.] 

Worcester,  Decemr.  25th,  1781. 

We  the  subscribers  appointed  by  the  Honorable  the 
Judge  of  Probates  for  the  County  of  Worcester  to  receive 
&  examine  the  claims  of  the  several  creditors  upon  the 
estate  of  John  Chandler,  Esqr.,  late  of  Worcester  in  the 
County  aforesaid  an  absentee,  have  attended  said  service 
and  find  there  is  due  to  the  following  persons  the  sums 
expressed  Against  their  respective  names  (™) 

No.  1.  To  Jonathan  Gates,  Jnr.  Worcester 

on  account  £5-12-  0 

2.  To  Nathaniel  Heywood,  Shrewsbury 

on  acct.  3-11-  0 

3  To  John  Fisk,  Worcester,  on  note       14-  3-  0 

4  To  Philip  Donehue,  Worcester  on 

account  0-16-  0 

5  To  William  Trowbridge,  Worcester 

on  Acct.  1-14-  2 

6  To  Edmond  Herd,  Lancaster,  on 

acct.  1-  5-  8 

7  To  James  Lloyd,  Boston,  on  Acct.         1-  3-  0 

8  To  Benja.  Green  &  Sons,  Boston  on 

Acct.  Against  John  and  Clark 
Chandler,  Being  the  one  half  of 
the  Acct.  576-14 

9  To  Kufus  Green,  Benjamin  Green 

executor  Boston  estate  on  bonds 
being  the  one  half  of  the  bonds 
due  from  John  &  Clark  Chan- 
dler, compt.  392-6-102/ 
10  To  Thomas  Fayerwearther,  Esqr. 
Cambridge,  exectr.  to  Mary  Hub- 
bard  on  Bond  135-  5- 


160  THE  CHANDLER  CONFISCATION 

11  To    George    Bethone,   little   Cam- 

bridge on  bond  276-  0 

12  To  Daniel  Bancroft,  Salem  on  Acct.     14-18-11 

13  To  Benjamin  Green  &  Sons,  Boston 

Note  &  Acct.  422-19-  2 

14  To  Robert   Smith,  Murryfield,  on 

acct.  30-00 

15  To  Mary  Chandler,  Worcester  on 

acct  103-  9-  4 


£1979-18-  1V8 
Charge  on  Commrs.  510 

Interest  computed  on  Bonds  notes  &c. 
Jany.  1,  1782. 

The  above  sums  are  allowed  by  us  the  subscribers. 
SAML.  CURTIS 

NATHAN  PERRY  Commissioners. 
SAML.  BROWN. 

To  receiving,  examining,  allowing  &  re- 
cording the  return  of  the  Commissioners, 
swearing  the  sd.  commissioners  and  Cer- 
tificate of  claims  to  the  Governor  0-10-0 

Worcester,  May  7th,  1782.  The  Honorable  Levi  Lin- 
coln, Esq.  Judge  of  the  Probate  of  Wills  &c.  in  and 
for  the  County  of  Worcester,  hereby  accepts  of  and  allows 
the  foregoing  report  of  the  Commissioners  by  him  ap- 
pointed to  receive  and  examine  the  claims  of  the  creditors 
to  the  estate  of  John  Chandler,  Esq.  late  of  Worcester,  an 
absentee,  by  which  it  appears  the  whole  amount  of  the 
claims  exhibited  against  said  estate  as  allowed  by  the  said 
Commissioners  is  the  sum  of  X1979-18-1-2,  together 
with  the  sum  of  .£5-1-0  due  to  the  said  commissioners 
for  their  service  and  the  sum  of  ten  shillings  due  to  the 


APPENDIX  161 

probate  office  for  examining,  accepting  &  recording  the 
return  of  the  commissioners,  swearing  the  commission- 
ers &c  and  mailing  a  certificate  of  the  claims  to  the  Gov- 
enor. 

LEVI  LINCOLN,  J.  Prob. 

(Endorsement  on  back) 

18. 
Case  10938    Series  A. 

John  Chandler. 
Report  of  Sainl.  Curtis,  et  als, 
commrs.  to  examine  claims. 

Dec.  25, 1781 
and 

Jan.  1,  1782 
Decree  May  7,  1782 

Copy. 

Attest : 
(signed)    GEORGE  H.  HARLOW, 

Register. 


[Number  19.] 

Commonwealth  of  Massachusetts. 

Worcester,  ss . 

May  20th,  1782. 

These  are  to  Certify  all  whom  it  may  concern,  That  in 
Pursuance  of  the  Laws  of  this  Commonwealth,  Commis- 
sioners have  been  duly  appointed  by  the  Judge  of  Probate, 
&c.  for  the  said  County  of  Worcester,  with  full  Powers 
to  receive  and  examine  the  Claims  on  the  estate  of  the 
Honrable  John  Chandler  Esq.  late  of  Worcester,  in  said 
County,  an  absentee,  and  to  report  thereon,  and  that  said 
Commissioners  have  agreeable  to  the  law  made  their  report 
to  the  said  Judge  of  Probate,  on  oath,  by  which  it  appears 
that  the  sum  of  eight  hundred  and  thirty  pounds,  three 
shillings  &  six  pence  2/<  lawful  money  of  this  Common- 


162  THE  CHANDLER  CONFISCATION 

wealth,  at  the  rate  of  silver  at  Six  shillings  and  eight  Pence 
per  Ounce,  is  the  whole  amount  of  all  the  claims  exhibited 
against  the  estate  of  the  said  absentee  and  that  the  sum 
of  Three  hundred  &  thirty  five  pounds  6/  1-V2  Lawful 
money,  in  gold  and  silver,  is  due  from  said  estate  to  The 
Honorable  John  Erving,  Esq.  of  Boston,  one  of  the  afore- 
said Claimants. 

LEVI  LINCOLN,  Judge  of  Probate. 

(Endorsement  on  back) 

19. 
Case  10938    Series  A. 

John  Chandler 

Cert,  of  claim  of  John  Erving. 
May  20,  1782 

Copy. 

Attest: 

(signed)    GEORGE  H.  HABLOW 
Register. 


[Number  20.] 

Commonwealth  of  Massachusetts. 

Worcester,  ss. 

May  20th,  1782. 

These  are  to  Certify  all  whom  it  may  concern,  That  in 
Pursuance  of  the  Laws  of  this  Commonwealth,  Commis- 
sioners have  been  duly  appointed  by  the  Judge  of  Probate, 
&c  for  the  said  County  of  Worcester,  with  full  Powers 
to  receive  and  examine  the  claims  on  the  estate  of  The 
Honorable  John  Chandler,  Esq.  late  of  Worcester  in  said 
County  an  absentee,  and  to  report  thereon,  and  that  said 
commissioners  have  agreeable  to  the  law  made  their  report 
to  the  said  Judge  of  Probate,  on  oath,  by  which  it  appears 
that  the  sum  of  one  thousand  nine  hundred  &  seventy 
nine  pounds  18/  1-l/2  lawful  money  of  this  Common- 


APPENDIX  163 

wealth,  at  the  rate  of  Silver  at  Six  shillings  and  eight 
pence  per  ounce,  is  the  whole  amount  of  all  claims  exhibited 
against  the  estate  of  the  said  Absentee  and  that  the  sum 
of  one  pound  five  shillings  &  eight  pence  lawful  money,  in 
gold  and  silver,  is  due  from  said  estate  to  Edmond  Herd 
of  Lancaster  one  of  the  aforesaid  Claimants. 

LEVI  LINCOLN,  Judge  of  Probate. 

(Endorsement  on  back) 

20. 
Case  10938    Series  A. 

John  Chandler. 
Cert,  of  claim  of 

Edmond  Herd 
May  20,  1782. 

Copy. 

Attest: 

(signed)    GEORGE  H  HAKLOW 
Register 


[Number  21.] 

Know  all  men  by  these  presents,  That  we,  Benjamin 
Greene  of  Boston,  in  the  County  of  Suffolk,  Merchant, 
David  Sanderson  of  Petersham,  Gentlemen  &  Samuel 
Chandler  of  Worcester  trader,  both  in  the  County  of 
Worcester  &  Commonwealth  of  Massachusetts  are  holden 
and  stand  firmly  bound  and  obliged  unto  Levi  Lincoln  of 
Worcester  in  the  County  of  Worcester,  Esq ;  and  Judge 
of  Probate  of  Wills,  and  for  granting  letters  of  adminis- 
tration for  the  said  County  of  Worcester  and  to  his  suc- 
cessors in  the  said  office,  in  the  full  and  just  sum  ef  two 
thousand  pounds  lawful  silver  or  gold  money,  of  the 
Commonwealth  of  Massachusetts,  to  be  paid  unto  the  said 
Levi  Lincoln  or  his  successors  in  the  said  Office ;  to  which 
payment  well  and  truly  to  be  made,  we  bind  ourselves, 


164  THE  CHANDLER  CONFISCATION 

our  heirs,  executors  and  administrators,  firmly  by  these 
presents. 

Sealed  with  our  seals ;  dated  the  twentieth  day  of  May 
Anno  Domini  one  thousand  seven  hundred  and  eighty- 
two. 

The  condition  of  this  present  Obligation  is  such,  that 
Whereas,  John  Fessenden,  Caleb  Ammidown  and  Jona- 
than Warner  a  committee  appointed  by  the  General  Court 
of  the  Commonwealth  of  Massachusetts,  to  make  sale 
of  the  real  estates  of  Conspirators  and  absentees,  in  the 
County  of  Worcester  for  the  purpose  of  paying  the  debts 
of  such  persons  agreeable  to  a  law  of  this  Commonwealth 
intitled,  "  An  act  to  provide  for  the  payment  of  Debts  due 
from  the  Conspirators  and  absentees,  and  for  the  recovery 
of  debts  due  to  them,"  have  this  day,  in  pursuance  of  the 
said  law,  and  of  an  Act  made  in  Addition  to  the  same, 
paid  to  Benjamin  Green  of  Boston  in  the  County  of 
Suffolk,  Merchant,  the  sum  of  nine  hundred  and  twenty 
pounds  silver  money  being  part  of  his  debt  and  claim, 
duly  allowed  against  the  estate  of  John  Chandler,  Esqr. 
late  of  Worcester  in  the  County  of  Worcester.  The  said 
Committee  having  sold  the  real  estate  of  the  said  John 
Chandler,  Esqr.  according  to  the  said  law  ; 

Now,  if  there  shall  appear  further  just  claims  and  debts 
against  the  estate  of  the  said  John  Chandler  so  as  to  cause 
the  same  to  be  rendered  insolvent,  and  the  said  Benjamin 
Green,  David  Sanderson,  &  Samuel  Chandler,  their  heirs, 
executors,  or  administrators,  or  any  of  them,  shall  pay 
back  the  rateable  proportion  of  the  said  nine  hundred  & 
twenty  pounds  of  such  further  claim  or  debt,  paid  as  afore- 
said, to  the  said  Levi  Lincoln  or  his  successors  in  said 
office,  so  that  all  the  creditors  may  receive  in  proportion 
to  their  just  demands,  without  fraud  or  delay,  then  this 


APPENDIX  165 

obligation  to  be  void,  otherwise  to  remain  in  full  force  and 

virtue. 

Signed,  sealed,  and  delivered  in 
presence  of 

DANL.  KETES  BENJA.  GREENE  (seal) 

JOSEPH  WASHBURN.    DAVID  SANDERSON,  Jr.   (seal) 

SAML.  CHANDLER  (seal) 

(Endorsement  on  back) 

21. 
Case  10938    Series  A. 

John  Chandler. 
Bond  of  Indemnity  of 

Benjamin  Greene  et  als 
May  20,  1782. 

Copy. 

Attest: 

(signed)        GEORGE  H  HARLOW 
Register. 

[Number  22.] 

Worcester,  ss. 

Commonwealth  of  Massachusetts 

By  the  Honble  Joseph  Dorr.  Esqr.  Judge  of  the  Probate 
of  wills,  and  for  granting  letters  of  administra- 
(seal)     tion   and   letters   of   Agency  on  the  estates  of 
absentees  &c. 

To  Samuel  Curtis,  Esqr.,  Nathan  Perrey,  and  Samuel 
Brown,  Gent,  all  of  Worcester  in  the  Commonwealth 
aforesaid,  Greeting. 

Whereas  you  were  appointed  by  the  Honbl  Levi  Lin- 
coln Esq.  late  Judge  of  Probate  for  said  County  to 
receive  and  examine  the  claims  of  the  creditors  on  the 
estate  of  John  Chandler,  Esqr.  late  of  Worcester,  an 
absentee,  and  have  made  your  report,  but  whereas  it  has 
been  made  to  appear  that  there  are  further  claims  upon 


166  THE  CHANDLER  CONFISCATION 

the  estate  of  the  said  John  which  have  not  been  exhibited, 
you  are  therefore,  agreeable  to  a  resolve  of  the  great  and 
General  Court  of  the  Commonwealth  aforesaid,  Dated 
March  7th,  1782,  re-appointed  commissioners  with  full 
power  and  authority  to  receive  and  examine  all  claims 
and  how  they  are  made  out  of  the  several  creditors  to 
the  estate  of  the  aforesaid  John  Chandler  which  have  not 
allready  been  examined.  You  are  to  cause  the  times  and 
places  of  your  meeting  to  attend  them  for  receiving  and 
examining  their  claims  to  be  made  known  and  published 
by  posting  up  the  same  in  some  publick  places  in  the  shire 
town  of  the  County  aforesaid,  and  by  advertising  the 
same  in  the  Independence  Chronicle  printed  by  Willis  in 
Boston  and  in  the  Newspapers  printed  in  Worcester,  and 
you  are  to  make  report  &  to  present  a  true  list  to  me, 
the  said  Judge  upon  oath  of  all  such  claims  as  to  you 
upon  examination  appears  justly  due  and  owing  from  said 
absentee  at  or  before  the  tenth  Day  of  April  A.  D.  1783, 
When  you  are  to  make  return  of  this  commission  with  all 
your  doings  thereon  and  all  according  to  the  directions  of 
the  law. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and 
seal  of  office  dated  at  Worcester  the  tenth  day  of  January 
A.  D.  1783,  and  in  the  seventh  year  of  American  Inde- 
pendence. 

JOSEPH  DOER,  J.  Prob. 

(Endorsement  on  back) 

22. 
Case  10938    Series  A. 

John  Chandler 

Re-appointment  of  Samuel  Curtis 
et  als,  commrs.  to  examine  claims 
not  previously  allowed. 
Jan.  10, 1783. 


APPENDIX  167 

Copy. 

Attest: 

(signed)    GEOBGE  H.  HARLOW 
Register 

[Number  23.] 
Worcester,  ss. 

Commonwealth  of  Massachusetts, 
(seal) 

By  the  Honble.  Joseph  Dorr,  Esqr.  Judge  of  the  Pro- 
bate of  wills,  &  for  granting  letters  of  administration  and 
letters  of  agency  on  the  estates  of  absentees  &c. 

To  Samuel  Salisbury  &  John  Nazro,  merchants  and  Eli- 
jah Dix,  Physician,  all  of  Worcester  in  the  County  & 
Commonwealth  aforesaid,  Greeting. 

You  are  hereby  nominated  and  appointed  according  to 
a  late  law  of  this  Commonwealth,  commissioners  with  full 
power  &  authority  to  receive  and  examine  all  claims,  that 
have  not  been  examined  &  allowed  by  the  former  commis- 
sioners and  how  they  are  made  out,  of  the  several  credit- 
ors to  the  estate  of  John  Chandler,  late  of  Worcester  in 
said  County,  Esqr.  an  absentee  who  left  this  Common- 
wealth and  fled  to  our  enemies  for  protection,  since  the 
19th  day  of  April  A.  D.  1775,  and  to  the  end  that  said 
creditors  may  bring  in  their  claims,  you  are  to  cause 
the  times  and  places  of  your  meeting  to  attend  them  for 
receiving  and  examining  their  claims  to  be  made  known 
and  published  by  posting  up  the  same  in  some  publick 
places  in  the  shire  town  of  the  County  aforesaid.  And 
by  advertising  the  same  in  the  Independant  Chronicle 
printed  by  Willis  in  Boston  and  in  the  News  papers 
printed  in  Worcester. 

And  you  are  to  make  report  and  to  present  a  true  list  to 
me  the  said  Judge  (upon  oath,  of  all  such  claims  as  to 


168  THE  CHANDLER  CONFISCATION 

you,  upon  examination,  appears  justly  due  and  owing 
from  said  absentee  that  have  not  been  examined  as  afore- 
said, at  or  before  the  sixth  day  of  May  A.  D.  1783,  When 
you  are  to  make  return  of  this  commission,  with  all  your 
doings  thereon.  And  all  agreeable  to  the  Directions  of 
the  law. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and 
seal  of  the  said  Court  of  Probate,  Dated  at  Worcester 
this  sixth  day  of  February  A.  D.  1783  and  in  the  seventh 
year  of  American  Independance. 

JAS.  DOER,  J.  Prob. 

(Endorsement  on  back) 

23. 
Case  10938    Series  A. 

John  Chandler 
Warrant  appointing  comiurs. 
to  examine  claims. 
Feb.  6,  1783. 

Copy. 

Attest : 
(signed)    GEORGE  H.  HARLOW 


[Number  24.] 

Worcester,  ss.  Commonwealth  of  Massachusetts 

By  the  Honbl.  Joseph  Dorr,  Esqr.  Judge  of  the 

(seal)     Probate  of  Wills  and  for  granting  letters  of  ad- 
ministration, and  letters  of  Agency  on  the  estates 

of  absentees  &c. 

To  Daniel  Waldo  &  John  Nazro,  Merchants,  and  Elijah 
Dix  Physician,  all  of  Worcester,  in  the  County  and  Com- 
monwealth aforesaid,  Greeting. 
You  are  hereby  nominated  and  appointed  according  to  a 


APPENDIX  169 

late  law  of  this  Commonwealth  commissioners  with  full 
power  and  authority  to  receive  and  examine  all  claims 
that  have  not  been  examined  &  allowed  by  the  former 
commissioners,  and  how  they  are  made  out,  of  the  several 
creditors  to  the  estate  of  the  Honbl.  John  Chandler,  late 
of  Worcester  in  said  County,  Esq,  an  absentee,  who  left 
this  Commonwealth  and  fled  to  our  enemies  for  protec- 
tion since  the  nineteenth  day  of  April  A.  D.  1775,  and  to 
the  end  that  said  creditors  may  bring  in  their  claims,  you 
are  to  cause  the  times  and  places  of  your  meeting  to 
attend  them,  for  receiving  and  examining  their  claims  to 
be  made  known  and  published  by  posting  up  the  same  in 
some  publick  places  in  the  shire  town  of  the  County 
aforesaid,  and  by  advertising  the  same  in  the  Independ- 
ant  Chronicle,  printed  by  Willis  in  Boston  and  in  the 
Newspapers  printed  in  Worcester,  and  you  are  to  make 
report,  &  to  present  a  true  list  to  me,  the  said  Judge 
upon  oath,  of  all  such  claims  as  to  you  upon  examination, 
appears  justly  due  and  owing,  from  said  absentee  (that 
have  not  been  examined  or  approved)  at  or  before  the 
20th  day  of  May  A.  D.  1783  when  you  are  to  make  return 
of  this  commission  with  all  your  doings  thereon.  And  all 
agreeable  to  the  directions  of  the  law. 

In  testamony  whereof  I  have  hereunto  set  my  hand  and 
seal  of  the  said  Court  of  Probate.  Dated  at  Worcester 
the  20th  day  of  February  A.  D.  1783.  And  in  the  sev- 
enth year  of  American  Independance. 

Jos.  DORR,  J.  Prob. 

Worcester  20  May  1783. 

In  pursuance  of  the  within  commission  to  us  directed 
we  have  examined  the  following  claims  on  the  estate  of 
John  Chandler,  Esqr.  an  absentee  and  find  due  to  the 
several  persons,  undermentioned,  the  followg.  sum,  viz :  — 


170  THE  CHANDLER  CONFISCATION 

1783  May  6  Benjamin  Greene  £240-11-  9 

Do  Martha  Greene  principal 
&  interest  up  to  April 
6, 1782  591 

Do  Sarah  Greene,  principal 
&  Ints.  up  to  March 
26, 1781  42-  2-  6 

Do  Gardiner  Williams  prin- 
cipal &  interest  up  to 
1  May  1783  47-15 

Do  Charles  &  Saml.  Chan- 
dler, principl.  &  in- 
terest up  to  May  1783 
with  interest  till  paid  125-  3-  2  £1046-12-  5 

Advertising  expences  1-14-  0 

Attendance  3-12-  0          5-6-0 


1051-18-  5 
DANL.  WALDO. 
JNO.  NAZRO.        Commisons. 
ELIJAH  Dix. 

Worcester,  ss.  June  3d,  1783.  Personally  appeared 
the  within  named  commissioners  and  made  solemn  oath 
that  in  executing  the  trust  reposed  in  them  by  virtue  of 
this  Commission,  they  acted  faithfully  and  impartially 
according  to  their  best  skill  and  judgment. 

Coram    JOSEPH  WHEELEE,  J.  Pacis. 
By  order  of  the  Hon.  Judge. 

(Endorsement  on  back) 

24. 
Case  10938    Series  A. 

John  Chandler 
Warrant  appointing  commrs. 

Feb.  20,  1783 
Return  of  Commrs.  May  20, 1783 


APPENDIX  171 

Oath  administered  Jane  3, 1783 

Oct.  7, 1783 

Worcester,  ss.  Octr.  7th,  178& 
Examined  &  accepted. 
Jos  Dorr,  J.  Prob. 

This  report  has  been  certified  to 
the  Governor  in  Council. 
Pr.  Jos.  Dorr,  J.  Prob. 
Copy. 

Attest : 

(signed)    GEORGE  H.  HABLOW 
Register. 

[Number  25.] 

Know  all  men  by  these  presents,  that  we,  George  Bethune 
of  Cambridge  in  the  County  of  Middlesex,  Esq.  & 
William  Hunt  of  Watertown  in  the  same  County,  Esqr. 
and  Levi  Lincoln  of  Worcester,  Esqr  are  holden  and 
stand  firmly  bound  and  obliged  unto  Joseph  Dorr,  of 
Mendon  in  the  County  of  Worcester,  Esq ;  and  Judge  of 
Probate  of  Wills,  and  for  granting  letters  of  administra- 
tion for  the  said  County  of  Worcester  and  to  his  success- 
ors in  the  said  office,  in  the  full  and  just  sum  of  five  hun- 
dred and  fifty-two  pounds,  lawful  silver  or  Gold  money, 
of  the  Commonwealth  of  Massachusetts,  to  be  paid  unto 
the  said  Joseph  Dorr,  or  his  successors  in  the  said  office ; 
to  which  payment  well  and  truly  to  be  made,  we  bind 
ourselves,  our  heirs,  executors  and  administrators,  firmly 
by  these  presents. 

Sealed  with  our  seals ;  dated  the  first  day  of  March, 
Anno  Domini,  one  thousand  seven  hundred  and  eighty- 
three. 

The  condition  of  this  present  Obligation  is  such,  that 
whereas,  John  Fessenden  of  Rutland  and  Jonathan  War- 
ner of  Hardwick,  Esquires  and  Caleb  Amidon  of  Charlton, 


172  THE  CHANDLER  CONFISCATION 

yeomen  all  in  the  County  of  Worcester,  a  Committee 
appointed  by  the  General  Court  of  the  Commonwealth  of 
Massachusetts,  to  make  sale  of  the  real  estates  of  con- 
spirators and  absentees,  in  the  County  of  Worcester  for 
the  purpose  of  paying  the  debts  of  such  persons,  agreeable 
to  a  law  of  this  Commonwealth,  intitled,  "  An  act  to  pro- 
vide for  the  payment  of  debts,  due  from  the  conspirators 
and  absentees,  and  for  the  recovery  of  Debts  due  to  them," 
have  this  day,  in  pursuance  of  the  said  law,  and  of  an  Act 
made  in  addition  to  the  same  paid  to  the  sd.  George 
Bethume  the  sum  of  two  hundred  &  seventy-five  pounds 
being  his  the  sd.  George  Bethunes  debt  and  claim,  duly 
allowed  against  the  estate  of  John  Chandler,  Esq.  late  of 
Worcester  in  the  County  of  Worcester  an  absentee.  The 
said  Committee  having  sold  the  real  estate  of  the  said 
John  Chandler  according  to  the  said  law : 

Now,  if  there  shall  appear  further  just  claims  and  Debts 
against  the  estate  of  the  said  John  Chandler  so  as  to 
cause  the  same  to  be  rendered  insolvent,  and  the  said 
George  Bethune  &  William  Hunt  &  Levi  Lincoln  their 
heirs,  executors,  or  administrators,  or  any  of  them,  shall 
pay  back  the  rateable  proportion  of  the  said  two  hundred 
&  seventy-six  pounds  of  such  further  claim  or  debt  paid 
as  aforesaid,  to  the  said  Joseph  Dorr  or  his  successors  in 
said  office,  so  that  all  the  creditors  may  receive  in  propor- 
tion to  their  just  demands,  without  Fraud  or  delay,  then 
this  obligation  to  be  void,  otherwise  to  remain  in  full 
force  and  virtue. 
Signed,  sealed  and  delivered 

in  presence  of  GEO.  BETHUNE     (seal) 

SETH  HASTINGS  WILLIAM  HUNT    (seal) 

MARY  ANN  JONES 

ELIJAH  DEMOND          to          LEVI  LINCOLN    (seal) 
Test. 


APPENDIX  173 

(Endorsement  on  back) 

25. 
Case  10938    Series  A. 

John  Chandler. 
Bond  of  Indemnity  of 

George  Bethume  et  als. 

March  1, 1783. 

Copy. 

Attest : 
(signed)    GEORGE  H.  HARLOW 


[Number  26.] 

Worcester,  ss.  October  7th,  1783.  The  Honorable 
Joseph  Dorr,  Esqr.,  Judge  of  the  Probate  of  Wills  &c. 
in  and  for  the  County  of  Worcester  hereby  accepts  & 
allows  the  foregoing  report  of  the  commissioners  reap- 
pointed  to  receive  and  examine  the  claims  of  the  cred- 
itors on  the  estate  of  the  Hon.  John  Chandler,  late  of 
Worcester  in  said  County,  an  absentee,  not  heretofore 
examined  and  allowed  by  which  it  appears  that  the 
amount  of  the  claims  exhibited  against  said  estate  as 
allowed  by  said  commissioners  is  the  sum  of  .£1046-12-5 
which  in  addition  to  the  claims  heretofore  allowed  is  the 
whole  of  the  claims  exhibited  against  said  estate,  together 
with  .£5-6-0  due  to  said  Commissioners  for  their  service 
in  advertising  attendance,  &c. 

And  the  sum  of  12/  for  making  out  the  commission  ex- 
aming  accepting  and  recording  this  report  and  making  a 
certificate  of  the  claims  to  his  Excellency,  the  Goveuor. 

JOSEPH  DORR,  J.  Prob. 
By  order  of  the  Hon.  Judge 

JOSEPH  WHEELER, 
Regr. 


174  THE  CHANDLER  CONFISCATION 

(Endorsement  on  back) 

26. 
Case  10938    Series  A. 

John  Chandler 
Decree  allowing  report  of 
Saml.  Curtis  et  als,  commrs. 
Oct.  7th  1783. 

Copy. 

Attest : 

(signed)    GEORGE  H.  HARLOW 
Register. 

[Number  27.] 
Worcester,  ss. 

The  acct.  of  Joseph  Allen,  Agent  on  the  estate  of  John 
Chandler,  Esqr.  an  absentee. 

1777    The  said  accomptants  chargeth  himself  as  follows, 

viz: 
June     To  cash  reed,  for  the  sale  of  a  number 

of  cattle  at  Vendue  £195-  9-  6 

To  cash  reed,  of  the  Comte.  of  Corre- 
spondce.  &c  of  the  Town  of  Worces- 
ter 86-14-  3 
1778.    To  Sundry  obligations  by 
the  Comtee.  aforesd.  & 
which  have  been  paid  to 
Febry.      said  agent             viz : — 
1  against  Charles  Stearns 

&  Jona.  Gates  for       £20-  0-  0 
1  against  the  same  persons 

for  57 

1  against  Phineas  Jones 

for  13-  6-  8 

1  against  do 

for  25 


APPENDIX  175 

1  against  John  Cunning- 
ham for  11-  8 

1  against          do  for  54-13 

1  against  Josiah  Gates 

for  50  231-  7-  8 


Deer.  To  cash  reed  of  the  Com?  of  Murray- 
field  for  monies  in  their  hands  be- 
longing to  sd.  estate  53-  8-  8 

To  cash  reed,  of  the  Comt.  for  a  pew 

leased  by  them  to  Capt.  Stantoii          1-  4 
1779     To  do  reed,  for  lease  of  3  pews  com- 
mencing April  1778  ending  April 
1779  11-  5 

To  do  reed,  of  Phs.  Jones  for  lease  of 
farm  commencing  April  1778  & 
ending  in  April  1779  40-  0 

To  do  reed,  of  Charles  Stearns  &  Jona. 
Gates  for  lease  of  farm  commencing 
&  endg.  as  before  120 

To  do  reed,  of  Josiah  Gates  for  lease  of 
a  farm  commencing  &  ending  as 
before  41 

To  do  reed,  of  John  Cunningham  for 
lease  of  the  house  &c.  which  he  oc- 
cupied com.  &  endg.  as  before  40 

To  do  reed,  of  Benja.  Rich  for  lease  of 
part  of  a  farm  in  Charlton,  com- 
mencing &  endg.  as  before  14 

£834-  9-  1 
And  prays  allowance  as  follows,  viz, 

For  counterfeit  Hampshire 
bill  reed,  of  the  commit- 
tee of  Worcester  £5-  0-  0 

For  time,  expences  &  trou- 


176  THE  CHANDLER  CONFISCATION 

ble  in  venduing  cattle, 
advertizemts.    receiving 
monies    &    paying    the 
same  again  5  pr.  cent        41-10-  0 
1777 

June  For  one  journey  from  Lei- 
cester to  Worcester  to 
take  letters  of  agency  0-10 

1  For  cash  paid  at  the  pro- 

bate office  10 

2  For    cash   paid    William 

Taylor  for  rates  10-  2-  5 

For  Journey  to  Worcester, 
procuring  cattle  from 
sundry  places  &  assist- 
ance in  driving  them  18 

3  For   cash   paid   Phinehas 

Jones,  keepg.  cattle  3-8-2 

4.  For  do  pd.  Chs.    Stearns 

&  Jona.  Gates,  ditto  2 

For  do  paid  Mr.  Baldwin 
for  searching  records  & 
making  extracts  of  the 
purchases  &  sales  of  real 
estate  by  said  Chandler  8 

For  cash  pd.  Selectmen  of 
Worcester  for  Apprais- 
ing the  value  of  rents  in 
1778,  by  order  of  the 
Genl.  Court  6-0-0 

For  cash  pd.  the  Comtee.  of 
Correspce.  of  Worcester 
for  their  trouble  in  man- 
aging the  estate  before 
the  appointment  of  an 
Agent  16-  0-  0 


APPENDIX  177 

5.  For  cash  paid  Wm.  Moor, 
constable  of  Murrayfd. 
for  taxes  26-  2-  8 

6  pd.  Phinehas  Jones  3-8-2 

7  paid  Obadiah  Newton  20 

8  Paid  Zebulon  Rose  Con- 

stable of  Norwich,  for 

taxes  3-15 

9  Paid  Thaddeus  Newton         44-16-  4 

10  Paid  Henry  Bond,  Con- 

stable of  Royalston  for 

taxes  2-  8 

11  Paid  Thos.  Stearns,  Con- 

stable of  Leominster  for 

do  2-7-2 

12  Paid  Wm.  Forbes,   Con- 

stable of  Norwich  for  do       0-12-  9 

13  Paid     Wm.      Pyncheon, 

Esqr.  12 

14  Paid   Aaron   Bascom  for 

Constable    of    Murray-  ^ 

field,  for  taxes  41-12-  2 

15.  Paid  Phinehas  Jones  1-10-  0 

16  Paid  John  Fry  &  others 

appraisers  at  Royalston        6-4-0 
1779 

17  Paid  Saml.  Curtis  &  others 

appraisers  9 

18  Paid  Ebenezer  Wiswall          3 

19  Paid  John  Kirkland,  Esq. 

&  others  appraisers  in 
the  County  of  Hamp- 
shire 47 
8  days  time  &  expences  & 
horse  hire  in  May  1778 
on  journey  to  Murray- 


178  THE  CHANDLER  CONFISCATION 

field  &  Norwich  in  the 
County  of  Hampshire,  at 
£4  pr.  day  32 

3  days  time  &  expences 
attending  appraisers  in 
Worcester,  .£4  pr.  day, 
expences    of  appraisers 
£4  16 

4  days  time  &  expences  at- 
tending   appraisers     at 
Koyalston,  in  Deer.  1778 

at  £6  24 

2  days  time  &  expences  at- 
tendg.  appraisers  at  Eoy- 
alston  Octo.  1778  at  £5  10 

Expences  of  appraisers  at 

Royalston  1 

20   Hampshire     money     &c 

which  I  now  have  5-16 

A  journey  to  Roxbury  & 
attending  upon  the  Gen- 
eral Court  in  April  1778 
for  orders  respecting  the 
leasing  of  absentees  es- 
tates 6  days  at  4  pr.  day 
including  expences  1/2  is  12 

Attending  on  the  selectmen 
of  Worcester  &  shewing 
the  estates  to  be  ap- 
praised according  to  or- 
der of  the  Genl.  Court, 
1  day  &  expences  £4  1/2 
is  2 


409-  2-10 
£425-  6-  3 


APPENDIX  179 

Balance  being  £425  on  May  3d,  1779 

is  in  silvir  £34-13-  3 

The  said  accomptant  charges  himself 

with  balance  brought  up  (in  silver)  £34-13-  3 

Also  with  the  following  obligations 
&c  now  in  his  possession 

viz :  —  against  Ephraim  Curtis  for  rent 
of  a  shop  in  Worcester  for  the  years 
1776,  1777,  &  1778  4-2-4 

Against  Levi  Lincoln  Esqr.  for  rent 

of  an  office  for  the  same  years  10-19 

Against  Nahum  Willard  for  rent  of  a 

pew  in  1776  1-  0 

Eecd.  of  John  Kirkland,  Esq.  55  old 

currency,  June  27,  1780  16 

Reed,  by  do  of  the  Committee  in  Mur- 

rayfield  for  rent  June  27,  1780  15-  3 

Reed,   of  Paul  Gates   rent  for  1781 
leased  by  auction  by  order  of  Corn- 
tee,  of  Genl.  Court  on  forfeited  es- 
tates 25- 
Daniel  Bigelow's  Bond  for  rent  due  in  1777       18 

£95-  5-10 

And  further  prays  allowance  as  fol- 
lows ;  —  viz, 

For  my  trouble  &  expences 
in  settling  receiving  & 
paying  the  sum  of 
£56-10-3  venduing  &c  2-16-  3 

For  what  was  due  from 
Ephrm.  Curtis  he  hav- 
ing died  &  left  no  es- 
tate 4-  2-  4 


180  THE  CHANDLER  CONFISCATION 

21  For  monies  pd.  at  the  pre- 

bate   office    May,   1779 

X6-2  -6  old  ourrcnoy  -008 

22  Paid       Amos        Putnam 

£28-17  O.  Currency  0  14     3 

24  Paid  Stearns  &  Gates  £90, 

O.  currency  2  10 

25  Paid  the  Comrs.  who  set 

off  Mrs.  Chandlers  3d!        3  11     4 
Paid  the  Comrs.  expences 

while  on  sd.  business  16 

My  own  time  &  expences 

while  on  said  business, 

7  days  &  my  horse  part 

of  said  time  at  15 '  5    5 

One  journey  to  Leominster 

of  myself  in  June  1781 

respecting        trespasses 

said  to  be  committed  on 

said     Chandler's     land 

there,  2  days  &  horse  & 

expences  1  10 

Attce.  at  the  probate  office 

for  settlemt.  of  this  ac- 
count 040 
To   3   warts,    of    apprize- 

ment  6     6 

Carried  over         £21  15     8 
Debt.  Brot.  forward  £95-  5-10 

Credit  Brot.  do  £21-15-  8 
To  swearing  the  appraizers  010 
To  examining,  swearing  to 

&  recording  the  inven- 
tory 0  18 
To  copying  the  Inventory        0  12 


APPENDIX  181 

To  Warrant  to  set  off  the 

wives  3ds  3 

To  swearing  the  commis- 
sioners 1 

To  examing,  allowing, 
copying  and  recording 
the  return  of  the  com- 
missioners to  set  off  the 
wives  third  11  0 

To  Commission  to  examine 
the  claims  of  the  credit- 
ors 20 

To  swearing  the  commis- 
sioners 1 

To  appointing  an  Atty.  to 

Defend  said  estate  3 

To  making  allowance  to  the 
wife  out  of  the  personal 
estate  copying  &  record- 
ing the  same  7 

To  receiving  examining 
and  recording  the  report 
of  the  commissioners  for 
examg.  claim  &  making 
report  thereof  to  his  ex- 
cellency the  Govenor  9  0 

To  do  upon  the  second 

commr.  13  6 

To  framing  examg.  copying 
&  recording  this  account 
conres.  the  agent  &c.  13  0  .£26-10-  2 

Balance  due  X68-15-  8 

N.  B.     The  one  half  of  the  personal  estate  contained  in 
an  inventory  exhibited  into  the  probate  was  delivered  to 


182  THE  CHANDLER  CONFISCATION 

the  wife  of  said  Absentee  by  order  of  the  Judge  of  Pro- 
bate &  the  remainder  was  reed,  by  the  Committee  of 
Confiscation  for  the  County  of  Worcester. 

Worcester,  ss.  February  3d,  1874  Personally  appeared 
Joseph  Allen,  Esq.  Agent  as  above  and  made  solemn 
oath  to  the  truth  of  the  foregoing  account  &  produced 
vouchers  for  the  payments  therein  contained.  I  allow 
thereof,  by  which  it  appears  he  has  a  balance  in  his  hands 
the  sum  of  £68-15-8  which  sum  I  have  reed,  of  the  said 
Agent  in  full,  and  he  is  thereupon  discharged. 

(Endorsement  on  back) 

27. 
Case  10938    Series  A. 

John  Chandler 
Final  account  of  Joseph  Allen, 

Agent 
Feby.  3, 1784. 

Copy. 

Attest: 

(signed)    GEORGE  H.  HARLOW 
Register 


[Number  28.] 

Worcester,  Apl.  14th,  1785. 

Recvd.  of  Joseph  Wheeler,  Esqr.  Reg.  of  Probate  for  the 
County  of  Worcester,  a  certificate  of  the  claim  upon  the 
estate  of  Jno.  Chandler,  Esq.  absentee  in  favour  of  Thos. 
Fayweather,  Esq.  of  Cambridge. 

Pr.  DAVID  SANDERSON,  JUNE. 

(Endorsement  on  back) 

28. 
Case  10938    Series  A. 

John  Chandler 
Receipt  for  Cert,  of  claim  of 
Thomas  Fayweather. 
Apr.  14, 1785. 


APPENDIX  183 

Copy. 

Attest : 

(signed)    GEORGE  H.  HARLOW 
Register. 

[Number  29.] 
Commonwealth  of  Massachusetts. 

In  Senate  June  15th,  1785. 
On  the  petition  of  Thadeus  &  William  McCarty. 

Resolved  that  the  prayer  of  their  petition  be  so 
far  granted  as  that  the  Judge  of  Probate  for  the  County 
of  Worcester  be  &  he  hereby  is  authorized  &  empowered 
to  appoint  commissioners  to  examine  the  claim  of  the  said 
Thadeus  &  William  Maccarty  against  the  estate  of  John 
Chandler  late  of  Worcester,  absentee ;  &  in  case  the  said 
claim  shall  be  allowed  by  the  said  commissioners  &  ap- 
proved of  by  the  said  judge,  the  same  shall  be  paid  out 
of  that  part  of  the  said  Chandler's  estate  that  was  set  off 
for  his  wife's  dower  after  the  expiration  of  two  years  from 
the  eleventh  day  of  February  1785  that  being  the  term 
for  which  the  children  of  the  said  John  Chandler  are 
entitled  to  the  income  &  improvement  of  the  said  estate 
by  an  order  of  the  General  Court  of  the  llth  of  February 
last. 

Sent  down  for  Concurrence, 

SAML.  PHILLIPS  ye.  Presidt. 
In  the  House  of  Representatives  15th  June,  1785. 
Read  &  Concurred. 

Approved  NATHL.  GOEHAM  Spkr. 

JAMES  BOWDOIM. 
A  true  copy,  Attest. 

JOHN  AVERT  JUNB.  Secretary. 


184  THE  CHANDLER  CONFISCATION 

(Endorsement  on  back) 

29. 
Case  10938    Series  A. 

John  Chandler 
Certified  copy  of  resolve  of 
Legislature  authorizing 
Judge  of  probate  to  appoint 
cominrs.  to  examine  claim  of 
Thaddeus  &  William  Maccarty. 
June  15, 1785. 

Copy. 

Attest : 

(signed)    GEORGE  H  HARLOW 
Register. 

[Number  30.] 
Worcester,  ss. 

(seal)  Commonwealth  of  Massachusetts 

To  Mr.  Daniel  Waldo  Mercht.  Elijah  Dix,  physician 
&  John  Nazro  Mercht.  all  of  Worcester  in  said  County, 

Greeting. 

Pursuant  to  a  resolve  of  the  great  and  general  Court  of 
the  Commonwealth  of  Massachusetts,  Dated  June  15th, 
1785. 

You  are  hereby  appointed  to  be  commissioners,  on 
oath,  to  receive  and  examine  the  claim  of  Doctr.  Thaddeus 
Maccarty  &  Mr.  William  Maccarty,  executors  on  the  last 
will  and  testament  of  the  Eevd.  Thaddeus  Maccarty  late 
of  Worcester  in  said  County,  deceased,  against  the  estate 
of  the  Honble.  John  Chandler,  Esqr.  late  of  sd.  Worcester 
an  absentee,  you  are  to  give  notice  to  the  said  Thads.  & 
William  of  the  time  &  place  of  your  meeting  to  attend 
them  for  that  purpose. 


APPENDIX  185 

And  you  are  to  make  return  of  this  warrant  with  your 
doings  thereon  unto  the  Registers  office  of  Probate  in  the 
same  County  as  soon  as  conveniently  may  be. 
Given  under  my  hand  &  seal  of  office  this  1st  day  of 
June  A.  D.  1787. 

Jos.  DORR,  J  Prob. 

Worcester,  ss.  July  9th,  1787.  Messueurs  David 
Waldo,  Elijah  Dix  &  John  Nazro  within  named  person- 
ally appeared  &  severally  made  oath,  that  in  receiving  & 
examining  the  within  mentioned  claim,  they  will  act  faith- 
fully &  impartially  according  to  their  best  skill  &  judg- 
ment. 

Before  me,  Jos.  ALLEN,  Jus.  Pacis. 

Worcester,  ss.  July  10th  1787.  By  virtue  of  the  within 
warrant  we  the  subscribers,  have  examined  the  claim  of 
Doctr.  Thads.  &  William  Maccarty,  Exors.  to  the  estate 
of  the  Revd.  Thads.  Maccarty,  and  it  appears  to  us  that 
the  estate  of  the  within  mentioned  John  Chandler  is  en- 
debted  to  said  estate  twenty  three  pounds,  thirteen  shil- 
lings &  eight  pence,  viz  for  sd.  Chandlers  note 

not  on  Interest  £20-  9-  8V4 

For  copy  of  Court  resolve  3 

For  commrs.  warrant  3 

For  their  journey  to  Boston 
&  attendg.  Court  2 

Cost  for  the  Commissioners  18 


£23-13- 

DANL.  WALDO. 
JOHN  NAZRO. 
ELIJAH  Dix. 


186  THE  CHANDLER  CONFISCATION 

(Endorsement  on  back) 

30. 
Case  10938     Series  A. 

John  Chandler 

Warrant  appointing  commrs.  to 
examine  Maccarty  claim. 

June  1,  1787. 

Oath  administered  July  9,  1787 
Return  of  Commrs.  July  10, 1787. 

Copy 

Attest : 

(signed)    GEORGE  H.  HARLOW 
Register. 


B. 

A  CERTIFIED  TRANSCRIPT  OF  THE  RECORDS  OF 
THE  CASES  OF  THE  STATE  VS.  CHANDLER  UNDER 
THE  CONFISCATION  ACT  IN  1780  BROUGHT  IN 
THE  INFERIOUR  COURT  OF  COMMON  PLEAS. 

[Number  31.] 

The  Commonwealth  of  Massachusetts. 
Worcester,  ss. 

At  an  Inferiour  Court  of  Common  Pleas  begun  and 
held  at  Worcester  within  and  for  the  County  of  Worces- 
ter, on  the  second  Tuesday  of  December,  being  the  twelfth 
day  of  said  month,  Annoque  Domini  One  thousand  seven 
hundred  and  eighty,  by  Adjournment  from  the  first  Tues- 
day of  the  same  December,  by  a  Resolve  of  the  Great  and 
General  Court. 
Present, 

The  Honble.  Moses  Gill,  Esq ;  1  Justices 

The  Honble.  Joseph  Dorr,  Esq ;          V  of  said 
and  Joseph  Wheeler,  Esq.  (special)  )  County. 

State  vs.  Chandler. 

Levi  Lincoln  of  Worcester,  in  the  County  of  Worces- 
ter, Esqr.,  Attorney  for  the  late  Government  &  people  of 
the  State  of  the  Massachusetts  Bay,  in  New  England, 
now  Commonwealth  of  Massachusetts,  specially  appointed 
for  this  purpose  by  Robert  Treat  Paine,  Esqr.  their  At- 
torney General  in  their  behalf,  comes  into  Court  further 
to  prosecute  his  Complaint  against  John  Chandler,  late  of 
said  Worcester,  Esqu. 


188  THE  CHANDLER  CONFISCATION 

In  that  the  said  John  Chandler,  since  the  nineteenth 
day  of  April,  in  the  year  of  our  Lord  Seventeen  hundred 
&  seventy  five,  viz.  on  the  first  day  of  April,  A.  D.  One 
thousand  seven  hundred  &  seventy  nine,  at  London,  in 
the  Kingdom  of  Great  Britain,  levied  War,  &  conspired 
to  levy  War,  against  the  Government  &  people  of  this 
Province,  Colony  &  State,  &  of  the  United  States ;  and 
did  then  &  there  adhere  to  the  King  of  Great  Britain 
&  to  his  fleets  &  armies,  enemies  of  this  said  Province, 
Colony  &  State,  &  of  the  United  States,  &  then  &  there 
did  give  them  aid  &  comfort.  And  that  the  said  John 
Chandler  before  the  said  nineteenth  day  of  April  viz.  on 
the  said  first  day  of  January,  in  the  year  of  our  Lord 
Seventeen  hundred  &  seventy  five,  &  after  the  arrival  of 
Thomas  Gage  Esqr.  late  Commander  in  Chief  of  all  his 
Britannic  Majesty's  forces  in  North  America,  at  Boston, 
the  metropolis  of  this  State,  did  withdraw  from  Worces- 
ter aforesaid,  his  usual  place  of  Habitation  within  this 
State,  into  the  said  Town  of  Boston  with  an  intention  to 
seek  &  obtain  the  protection  of  the  said  Thomas  Gage,  & 
of  the  said  forces  then  &  there  being  under  his  Com- 
mand. And  that  the  said  John  Chandler,  since  the  said 
nineteenth  day  of  April,  viz.,  on  the  first  day  of  March 
in  the  year  of  our  Lord  Seventeen  hundred  &  seventy 
nine,  did  withdraw  without  the  permission  of  the  Legis- 
lative or  Executive  Authority,  of  this  or  any  other  of  the 
said  United  States,  to  the  Kingdom  of  Great  Britain 
then  being  under  the  acknowledged  authority  &  dominion 
of  the  said  King  &  that  the  said  John  Chandler  since  the 
said  first  day  of  January  &  the  said  first  day  of  March 
hath  not  returned  into  any  of  the  said  United  States  & 
been  received  as  a  subject  thereof.  And  that  the  said 
John  Chandler,  by  reason  of  the  premises,  has  freely  re- 
nounced all  civil  &  political  relation  to  each  &  every  of 
the  said  United  States  &  is  become  an  Alien.  And  that 


APPENDIX  189 

the  said  John  Chandler  before  the  said  nineteenth  day  of 
April,  viz.  on  the  said  first  day  of  January  was  seized  & 
possessed,  &  now  intitled  to  be  seized  &  possessed,  &  to 
have,  hold  &  demand  to  his  own  use  a  tract  of  land  lying 
about  three  miles  Southwestwardly  from  the  meeting 
house  in  Koyalston,  containing  by  estimation  two  hundred 
acres,  being  Lot  No.  26  and  bounded  Eastwardly  on  Lot 
No.  31,  Southwardly  partly  on  Lot  No.  25,  &  partly  on 
Lot  No.  22,  Westwardly  on  Lot  No.  21,  Northwardly 
partly  on  Lot  No.  20,  &  partly  on  Lot  No.  27.  —  Also 
another  tract  of  land  situate  about  two  miles  &  half 
Southerly  from  the  meeting-house  in  Royalston  aforesaid, 
containing  by  estimation  two  hundred  acres,  being  Lot 
No.  52,  &  bounded  as  follows,  beginning  at  the  North- 
west corner  of  the  same  by  a  stake  &  stones,  &  then  run- 
ning South  on  Thomas  Fairweather's  land  to  a  stake  & 
stones  on  Athol  line,  then  East  by  Athol  line  to  a  stake 
&  stones  on  land  of  the  heirs  of  Nahum  Greene,  then 
North  by  said  Greene's  land  to  a  stake  &  stones  on  Jon- 
athan Sibley's  land,  then  West  by  said  Sibley's  land  to  a 
stake  of  stones,  then  on  said  Sibley's  land  to  a  stake  of 
stones  on  Ebenezer  Elliot's  land,  then  West  by  said  El- 
liot's land  to  the  bounds  first  mentioned.  —  Also  another 
tract  of  land  lying  in  the  Northeastwardly  part  of  said 
Royalston,  about  three  miles  &  an  half  from  the  said 
meeting-house,  containing  by  estimation  two  hundred 
acres,  &  being  Lot  No.  91,  —  bounded  as  follows,  begin- 
ning at  the  North  west  corner  of  said  tract  at  a  stake  & 
stones  on  the  old  Province  line,  then  running  South  by 
Lot  No.  89  &  Lot  No.  88  &  Lot  No.  87  to  a  stake  & 
stones  on  land  of  Michael  French,  then  turning  &  run- 
ning by  said  French's  land  to  a  stake  &  stones,  then  turn- 
ing &  running  North  by  land  of  Francis  Chase  &  Jonas 
Thomson  to  the  State  line  to  a  stake  &  stones,  then  West- 
wardly on  the  State  line  to  the  first  mentioned  bounds.  — 


190  THE  CHANDLER  CONFISCATION 

Also  another  tract  of  land  lying  in  the  Northeast  cor- 
ner of  said  Royalston,  containing  by  estimation  two  hun- 
dred acres,  being  Lot  No.  95,  &  bounded  as  follows,  — 
beginning  at  a  stake  &  stones  on  the  Northeast  corner 
of  Peirpoint's  Farm,  then  running  North  on  land  of  John 
Hancock  Esq.  to  a  stake  &  stones  on  the  State  line,  then 
Westwardly,  on  the  State  line  to  a  stake  &  stones  to  the 
corner  of  Lot  No.  94,  then  running  South  by  said  Lot  to 
a  stake  &  stones  on  Peirpoint's  farm,  &  then  running 
East  on  said  Farm  to  the  first  mentioned  bounds. —  Also 
another  tract  of  land  lying  in  a  place  called  E.  Koyalston 
Leg.  being  Lot  No.  103,  situate  North  from  Winchendon 
meeting  house  about  three  miles  &  an  half,  containing  by 
estimation  two  hundred  acres,  &  bounded  as  follows,  viz., 
beginning  at  the  Southwest  corner  at  a  stake  &  stones, 
then  running  East  on  Winchendon  North  line  to  a  stake 
&  stones,  then  turning  &  running  North  by  Lot  No.  104 
to  a  stake  &  stones  on  the  State  line,  then  running  West 
on  the  State  line  to  a  stake  &  stones,  then  turning  & 
running  South  by  Lot  No.  102,  to  the  first  mentioned 
bounds.  —  Also  one  ninth  part  part  of  Lot  No.  22,  con- 
taining by  estimation  two  hundred  acres.  —  Also  one 
ninth  part  of  Lot  No.  50,  containing  about  ninety  acres. — 
Also  one  ninth  part  of  Lot  No.  70,  containing  by  estima- 
tion two  hundred  acres.  —  All  the  above  said  tracts  or 
Lots  of  Land  lying  in  Royalston,  in  the  County  afores'd. 
&  bounded  as  above  respectively  described  &  as  the  same 
may  be  bounded,  plotted  &  recorded  in  the  Proprietors 
Book  of  Records  hi  said  Royalston,  with  all  the  privileges, 
appurtenances  &  Easements  to  the  several  tracts  or  Lots 
of  land  belonging  to  him  &  his  heirs  forever.  — 

Also  that  the  said  John  Chandler,  since  the  said  nine- 
teenth day  of  April,  viz.  on  the  said  first  day  of  March, 
&  the  said  first  day  of  April,  was  seized  &  possessed  & 
was  iutitled  to  be  seized  &  possessed  &  to  have,  hold  & 


APPENDIX  191 

demand  to  his  own  use,  each  &  every  of  the  above  de- 
scribed tracts  &  Lots  of  land,  with  all  the  appurtenances, 
privileges  &  easements  to  the  said  several  tracts  or  lots 
of  land  belonging  to  him  &  his  heirs  forever. —  And 
the  said  Levi  Lincoln  further  alledges  that  by  force  of 
the  premises  &  of  the  law  of  this  State  intituled  "  An  Act 
for  confiscating  the  Estates  of  certain  persons  commonly 
called  Absentees  "  the  said  several  tracts  &  Lots  of  land 
with  their  appur'nces.  ought  to  escheat,  enure  &  accrue 
to  the  sole  use,  benefit  &  behoof  of  the  Government  & 
people  afores'd :  therefore  praying  the  advice  of  the 
Court  herein  the  premises,  &  that  due  process  of  law  in 
this  behalf  may  be  made  —  as  by  said  Complaint  on  file 
appears.  — 

Which  Complaint  was  exhibited  to  the  Justices  of  the 
Inferiour  Court  of  Common  Pleas,  begun  &  held  at 
Worcester,  within  &  for  the  County  of  Worcester,  on  the 
first  Tuesday  of  September,  Anno  Domini  One  thousand 
seven  hundred  &  seventy  nine ;  —  Thereupon  it  was  con- 
sidered &  ordered  by  the  Court  that  the  said  Complaint 
be  continued  to  the  next  Inferiour  Court  of  Common 
Pleas,  to  have  been  holden  at  Worcester,  within  &  for 
the  County  of  Worcester,  on  the  first  Tuesday  of  Decem- 
ber then  next  following,  &  which  by  Adjournment  of  the 
Great  &  General  Court  was  held  on  the  second  Tuesday 
of  the  same  December,  &  that  the  Clerk  of  this  Court 
make  out  a  notification  thereof  containing  a  description 
of  the  lands,  tenements  &  hereditaments  set  forth  in  said 
Complaint,  that  all  persons  claiming  sd.  said  Estate,  or 
any  part  thereof,  may  then  &  there  enter  their  said  claim. 
At  which  last  mentioned  term  Jonathan  Rice,  one  of  the 
Deputy  Sheriffs  within  &  for  said  County,  made  return 
of  said  Notification  issued  agreeably  to  the  said  Order  in 
the  words  following,  viz.  —  "  Worcester  ss.  November  3d, 
1779.  In  Obedience  to  the  within  Warrant  to  me  directed, 


192  THE  CHANDLER  CONFISCATION 

there  being  no  Mansion  house  on  the  above  described 
demanded  premises,  I  have  posted  up  an  attested  Copy  of 
the  foregoing  Notification  in  a  publick  place  in  the  Town 
in  which  the  above  described  premises  lie,  —  and  have 
also  left  an  attested  copy  of  said  Notification  at  the  last 
&  usual  place  of  abode  within  this  State  of  the  within 
named  John  Chandler  as  the  Law  directs  —  Jonathan 
Rice,  Dep'y.  Sheriff." —  And  the  said  Levi  Lincoln 
Esqr.  appeared  further  to  prosecute  the  said  Complaint, 
&  no  person  appearing  to  take  upon  him  the  Defence  of 
this  Suit,  the  same  was  further  continued  by  order  of 
Court  to  the  Inferiour  Court  of  Common  Pleas,  begun  & 
held  at  Worcester,  within  &  for  the  County  of  Worcester, 
on  the  last  Tuesday  of  March  last,  at  which  last  men- 
tioned term  the  said  Levi  Lincoln  Esqr.  appeared  further 
to  prosecute  the  said  Complaint,  &  John  Sprague,  Esqr. 
appeared  to  take  upon  him  the  Defence  of  this  Suit,  & 
thereupon  the  same  was  further  continued  by  order  of 
Court  to  the  next  Inferiour  Court  of  Common  Pleas, 
begun  &  held  at  Worcester,  within  &  for  said  County,  on 
the  second  Tuesday  of  June  last,  when  and  where  the 
said  Levi  Lincoln,  Esqr.  appeared  further  to  prosecute 
the  said  Complaint,  &  the  said  John  Sprague,  Esqr.  to 
take  upon  him  the  Defence  of  the  same.  Thereupon  the 
said  Complaint  was  further  continued  by  order  of  Court 
to  the  Inferiour  Court  of  Common  Pleas,  begun  &  held  at 
Worcester,  within  &  for  sd.  County,  on  the  first  Tuesday 
of  September  last,  when  &  where  the  said  Levi  Lincoln 
Esqr.  appeared  further  to  prosecute  the  said  Complaint, 
&  the  said  John  Sprague  Esqr.  to  defend  the  same. 
Thereupon  the  said  Complaint  was  further  continued  by 
order  of  Court  to  the  Court  of  Common  Pleas  to  have 
been  held  at  Worcester,  within  &  for  the  County  of 
Worcester  on  the  first  Tuesday  of  December  instant  & 
which  by  a  resolve  of  the  Great  &  General  Court  was 
adjourned  to  the  present  time.  — 


APPENDIX  193 

And  now  neither  the  said  John  Sprague  Esqr.  nor  any 
other  person  appearing  to  take  upon  him  the  Defence  of 
this  Suit,  Proclamation  is  made  for  any  person  or  persons 
who  have  claim  to  the  Estate  in  the  said  Complaint  men- 
tioned, described  &  demanded,  either  in  their  own  right, 
on  on  the  part  &  behalf  of  the  said  John  Chandler,  or  of 
any  person  whomsoever,  to  come  &  defend  this  Suit,  &  no 
person  appearing  to  take  upon  him  the  defence  of  this 
Suit :  —  It  is  by  the  Court  therefore  Considered  that  the 
said  John  Chandler  is  Guilty  in  manner  &  form  as  in  the 
said  Complaint  is  alledged  against  him,  &  that  the  lands, 
tenements  &  hereditaments  described  in  the  said  Com- 
plaint, with  the  appurtenances,  privileges  &  easements 
thereunto  belonging  are  forfeited,  &  do  escheat,  enure  & 
accrue  to  the  sole  use  &  benefit  of  the  Commonwealth  of 
Massachusetts ;  and  that  a  writ  of  habere  facias  posses- 
sionem  issue  in  behalf  of  the  Commonwealth  aforesaid  to 
cause  them  to  be  seized  &  possessed  of  the  same. 


[Number  32.] 
/State  vs.  Chandler. 

Levi  Lincoln,  of  Worcester,  in  the  County  of  Worces- 
ter, Esqr.  Attorney  for  the  late  Government  &  People  of 
the  State  of  Massachusetts  Bay,  in  New-England,  now 
Commonwealth  of  Massachusetts,  specially  appointed  for 
this  purpose  by  Robert  Treat  Paine,  Esqr.,  their  Attorney- 
General  in  their  behalf,  comes  into  Court  further  to  prose- 
cute his  Complaint  against  John  Chandler,  late  of  said 
Worcester,  Esquire.  — 

For  that  the  said  John  Chandler,  since  the  nineteenth 
day  of  April  in  the  year  of  our  Lord  Seventeen  hundred 
&  seventy  five,  viz.  on  the  first  day  of  April,  in  the  year 
of  our  Lord  Seventeen  hundred  &  seventy  nine,  at  Lon- 


194  THE  CHANDLER  CONFISCATION 

don,  in  the  Kingdom  of  Great  Britain,  levied  War  & 
conspired  to  levy  war  against  the  Government  &  People 
of  this  Province,  Colony  &  State,  &  against  the  other 
United  States ;  and  that  the  said  John  Chandler  did  then 
&  there  adhere  to  the  King  of  Great  Britain  &  to  his 
fleets  &  armies,  enemies  of  this  Province,  Colony  &  State, 
&  of  the  United  States,  &  did  then  &  there  give  them 
aid  &  comfort.  — 

And  that  the  said  John  Chandler,  before  the  said  nine- 
teenth day  of  April,  viz.  on  the  first  day  of  January,  in 
the  year  of  our  Lord  Seventeen  hundred  &  seventy  five  & 
after  the  arrival  of  Thomas  Gage,  Esqr.,  late  Commander 
in  Chief  of  all  his  Britannic  Majesty's  forces  in  North 
America,  at  Boston,  the  Metropolis  of  this  State,  did  with- 
draw from  Worcester  aforesaid,  his  usual  place  of  habita- 
tion within  this  State,  into  the  said  Town  of  Boston  with 
an  Intention  to  seek  &  obtain  the  protection  of  the  said 
Thomas  Gage  &  of  the  said  forces  then  &  there  being 
under  his  Command.  And  that  the  said  John  Chandler 
since  the  said  nineteenth  day  of  April,  viz.  on  the  first  day 
of  March,  in  in  the  year  of  our  Lord  Seventeen  hundred 
&  seventy  nine,  did  withdraw,  without  the  permission  of 
the  Legislative  or  Executive  authority  of  this  or  any  other 
of  the  said  United  States,  into  the  Kingdom  of  Great 
Britain,  then  being  under  the  acknowledged  authority  and 
dominion  of  the  said  King  of  Great  Britain.  And  that 
the  said  John  Chandler  since  the  said  first  day  of  January 
&  the  said  first  day  of  March,  hath  not  returned  into  any 
of  the  said  United  States  &  been  received  as  a  Subject.  — 
And  that  the  said  John  Chandler,  by  reason  of  the  pre- 
mises, hath  freely  renounced  all  civil  &  political  relation 
to  each  &  every  of  the  said  United  States  &  is  become 
an  Alien.  And  that  the  said  John  Chandler,  before  the 
said  nineteenth  day  of  April,  viz.  on  the  said  first  day 
of  December,  was  seized  &  possessed,  &  was  entitled  to  be 


APPENDIX  195 

seized  &  possessed  &  to  have,  hold  &  demand  to  his  own 
use,  benefit  &  behoof  a  tract  of  land  situate  about  thirty 
rods  Northeastwardly  of  the  meeting  house  in  Worcester, 
containing  by  estimation  about  one  acre,  more  or  less,  & 
bounded  as  follows,  viz.  —  Northwesterly  on  the  Country 
road,  Southeastwardly  on  Ministerial  land,  Southwesterly 
on  the  Town  Common,  or  road  leading  from  said  meeting 
house  to  the  Town  of  Grafton,  together  with  one  large 
upright  dwelling-house,  two  barns,  a  Corn-barn,  a  large 
Store  &  a  Tenement  formerly  improved  as  an  Office,  as 
also  other  out  buildings  standing  on  the  same.  —  Also 
another  tract  of  land  situate  about  two  miles  from  the 
meeting  house  aforesaid,  South  on  the  road  leading  from 
Worcester  to  the  town  of  Sutton,  containing  about  two 
hundred  acres  by  estimation,  more  or  less,  commonly 
called  or  known  by  the  name  of  the  Mill  Farm,  &  bounded 
Westwardly  on  said  Road,  Southwardly  partly  on  Gardner 
Chandler's  land,  partly  on  Blackstone  River,  &  partly  on 
Nathan  Perry's  land,  Eastwardly  partly  on  said  Perry's 
land  &  partly  on  Joshua  Whitney's  land,  —  as  the  wall 
now  stands,  until  it  comes  to  the  land  belonging  to  the 
heirs  of  lyrus  Rice,  Northwardly  partly  on  land  belonging 
to  the  said  lyrus  Rice,  partly  on  Richard  Pratt's  land, 
partly  on  land  belonging  to  the  Estate  of  James  Put- 
nam, Esqr.  an  Absentee,  &  partly  on  the  land  belonging 
to  Absalom  Rice  &  Jonathan  Rice,  &  partly  on  land  of 
Jonathan  Grout,  until  it  comes  to  the  road,  consisting  of 
mowing,  tillage,  pasturing,  orcharding  &  wood  land,  with 
buildings  thereon,  consisting  of  one  upright  dwelling- 
house,  &  barn  &  other  out  buildings.  —  Also  another  tract 
of  land  situate  about  two  miles  South  of  the  meeting- 
house, aforesaid,  &  situate  on  the  Westerly  side  of  said 
road  leading  from  Worcester  to  Sutton,  containing  fifty 
eight  by  estimation,  more  or  less,  and  bounded  as  follows  ; 
Northwardly  on  land  of  Jonathan  Grout,  Southwardly  & 


196  THE  CHANDLER  CONFISCATION 

Westwardly  on  land  of  Joshua  Whitney  &  Gardner  Chan- 
dler, Eastwardly  on  said  lioad  leading  to  Sutton,  together 
with  two  Grist  Mills  thereon  standing.  —  Also  tracts 
of  woodland  situate  about  two  miles  Northeasterly  of  the 
Court  house,  containing  seventeen  acres  by  estimation 
more  or  less,  &  bounded  as  follows  —  Eastwardly  on  land 
belonging  to  the  Widow  Holbrook,  Southwardly  on 
Charles  Adam's  land,  Northwardly  &  Westwardly  on  the 
Town  land  upon  Mill  Stone  Hill,  so  called.  —  Also  a  tract 
of  land  being  a  Cedar  Swamp,  situate  about  two  miles  & 
an  half  Southwestwardly  from  the  Meeting-house  afore- 
said, containing  by  estimation  ten  acres  more  or  less,  & 
bounded  as  follows  —  Eastwardly,  Southwardly  &  West- 
wardly on  Noah  Jones's  land  &  Northwardly  on  William 
Mahon's  land. 

Also  a  tract  of  pasture  land  situate  Northwestwardly 
from  the  Meeting  house  aforesaid,  near  to  Capt.  Miah 
Johnson's  Dwelling  house,  containing  by  estimation  about 
Sixty  acres,  &  bounded  Northwardly  on  said  Johnson's 
land,  —  on  Colo.  Gardner  Chandler's  land,  Westwardly 
&  Southwardly  on  William  Young's  land  &  Eastwardly 
partly  on  said  Young's  land,  partly  on  John  Barnard's 
land  &  partly  on  Joshua  Symond's  land.  —  Also  another 
tract  of  pasture  land  situate  about  three  miles  North- 
westwardly from  the  Meeting  house  aforesaid,  near  to 
Capt.  Samuel  Mower's  dwelling  house,  containing  by  esti- 
mation twenty  five  acres  more  or  less,  &  bounded  East- 
wardly on  said  Mower's  land,  Southwardly  on  Amos 
Wheeler's  land,  Westwardly  on  David  Mower's  land,  & 
Northwardly  on  John  Mower's  land.  —  Also  another 
tract  of  land  situate  about  Sixty  rods  Southwestwardly 
from  the  meeting  house  aforesaid,  on  the  Country  road 
leading  to  Leicester  containing  by  estimation  three  hun- 
dred &  ten  acres  more  or  less,  &  bounded  as  follows,  viz. 
Southeastwardly  on  the  said  Country  road,  Southwest- 


APPENDIX  197 

wardly  on  a  road  leading  from  the  said  Country  road 
to  Jacob  Hemenway's  dwelling  house,  commonly  called 
Heminway's  road,  as  far  as  beaver-brook,  &  then  turning 
&  running  on  Beaver  Brook  on  said  Heminway's  land 
until  it  comes  to  Joseph  Blair's  land,  &  then  running 
Eastwardly  on  said  Blair's  land,  until  it  comes  to  Jenni- 
son  Steam's  land,  &  running  Eastwardly  on  said  Sterne's 
land  until  it  comes  to  a  corner  in  said  Sterne's  land,  & 
then  running  Northwardly  on  said  Sterne's  land  until  it 
comes  to  Tatnick  road,  &  then  running  Eastwardly  on 
said  Koad  until  it  comes  to  Gardner  Chandler's  land,  & 
then  running  Southwardly  on  sd.  Gardner  Chandler's 
land  until  it  comes  to  a  Corner  in  said  Chandler's  land, 
&  then  running  Eastwardly  on  sd.  Gardner  Chandler's 
land  until  it  comes  to  another  corner  in  sd.  Gardner 
Chandler's  land,  &  then  turning  &  running  Southwardly 
on  said  Gardner  Chandler's  land  until  it  comes  to  another 
corner  in  said  Gardner  Chandler's,  &  then  turning  & 
running  Eastwardly  on  sd.  Gardner  Chandler's  land  until 
it  comes  to  William  Johnson's  land,  &  then  turning  & 
running  Southeasterly  on  said  Johnson's  land  until  it 
comes  to  the  land  belonging  to  the  heirs  of  James  Brown, 
late  of  said  Worcester,  then  turning  &  running  South- 
wardly on  said  heirs  land  to  a  corner  of  the  said  land, 
then  turning  &  running  Eastwardly  on  said  heirs  land 
until  it  comes  to  the  Country  road  aforesaid,  together 
with  one  two  storied  dwelling-house,  &  two  barns  stand- 
ing thereon,  about  one  hundred  &  fifty  acres  being  under 
improvement,  and  consisting  of  pasturing,  mowing,  tillage, 
&  orcharding,  &  the  rest  woodland. 

Also  another  tract  of  land  lying  Southwardly  of  the 
said  Heminway's  road,  &  containing  by  estimation  about 
twenty  acres,  &  bounded  as  follows,  viz.  — Northwardly 
on  said  Road,  Eastwardly  partly  on  land  of  Ezra  Jones 
&  partly  on  land  belonging  to  the  heirs  of  Zebediah  Rice, 


198  THE  CHANDLER  CONFISCATION 

Southwardly  on  Gardner  Chandler's  land,  Westwardly 
on  Capt.  Ebenezer  Level's  land  —  about  four  acres  being 
under  improvement,  &  consisting  of  pasturing  &  orchard- 
ing &  the  rest  woodland.  —  Also  another  tract  of  land, 
the  Westwardly  corner  of  which  being  situate  about  thirty 
rods  East  of  the  Court-house  in  said  Worcester,  contain- 
ing by  estimation  One  hundred  &  ninety-five  acres,  more 
or  less,  &  bounded  as  follows,  viz.  Westwardly  &  North- 
wardly on  the  Country  road,  Northwardly  &  Westwardly 
on  land  of  Timothy  Paine,  Esqr.,  Northwardly  on  land 
of  the  Hon.  John  Hancock,  Esqr.,  Eastwardly  on  land  of 
Charles  Adams,  Southeastward^  partly  on  land  of  Thomas 
Wheeler,  partly  on  land  of  Stephen  Salisbury,  &  partly 
on  land  belonging  to  the  Estate  of  James  Putnam,  Esqr., 
an  Absentee,  Southwardly  on  Gardner  Chandler's  land, 
Westwardly  &  Southwardly  on  the  land  belonging  to 
Daniel  Heywood,  &  Westwardly  by  various  lines,  partly 
on  land  belonging  to  the  heirs  of  Abel  Heywood,  partly 
on  Joseph  Lynde's  land,  &  partly  on  Colo.  Timothy 
Bigelow's  land  until  it  comes  to  the  Country  road  afore- 
said, consisting  of  mowing,  ploughing,  pasturing,  orchard- 
ing &  woodland,  together  with  one  large  two  storied 
dwelling-house,  one  large  barn,  a  corn  barn,  a  tenement 
formerly  improved  as  an  Office,  another  tenement  now 
improved  as  a  Tailor's  Shop,  &  other  buildings  all  stand- 
ing on  the  said  tract  of  land.  All  the  above  mentioned 
tracts  of  land  lying  in  Worcester  aforesaid,  bounded  as 
above  respectively  described,  &  as  the  same  may  be 
bounded  according  to  his  right  &  title  thereto.  —  Also 
another  tract  of  land  lying  partly  in  said  Worcester  & 
partly  in  Leicester,  in  the  County  of  Worcester,  situate 
about  three  miles  from  the  Meeting  house,  in  said  Worces- 
ter, containing  by  estimation  about  three  hundred  acres 
more  or  less,  &  bounded  as  follows,  viz.  beginning  at  the 
Northwestwardly  corner  of  Noah  Jone's  Homestead  & 


APPENDIX  199 

running  Westwardly  on  the  Country  road  until  it  comes 
to  the  Leicester  Line,  &  then  turning  &  running  South- 
erly on  Nathan  Sargeant's  land,  it  being  the  Western 
line  of  Worcester,  &  then  turning  &  running  into  Leices- 
ter Westerly  on  said  Nathan  Sargeant's  land  until  it 
comes  to  Robert  Henry's  land,  &  then  turning  &  run- 
ning Southerly  on  Robert  Henry's  land  until  it  comes  to 
land  belonging  to  the  heirs  of  Thomas  Dennie,  late  of 
said  Leicester,  then  turning  &  running  Eastwardly  on 
land  belonging  to  the  heirs  of  the  said  Thomas  Denny, 
&  then  turning  &  running  Southwardly  on  said  heirs 
land,  &  then  turning  &  running  Eastwardly  until  it 
strikes  the  Town  line,  &  then  turning  &  running  North- 
wardly on  the  land  of  the  said  heirs,  &  then  turning  & 
running  Eastwardly  on  land  of  John  Griggs,  &  then 
turning  &  running  Northwardly  partly  on  said  Grigg's 
land,  &  partly  on  Jonathan  Phillip's  land  until  it  comes 
to  the  Town  Road,  &  then  running  Westwardly  on  said 
Noah  Jones  land  &  then  turning  &  running  Northwardly 
on  said  Noah  Jones'  land  to  the  first  mentioned  bound, 
consisting  of  mowing,  tillage,  pasturing,  orcharding  & 
woodland,  together  with  one  upright  dwelling  house  & 
barn  standing  on  the  same.  —  Also  two  third  parts  of 
two  hundred  acres  of  land  lying  partly  in  Oxford  & 
partly  in  Charlton,  both  in  the  County  of  Worcester  in 
common  &  undivided  with  one  Benjamin  Rich  —  said 
two  hundred  acres  being  bounded  as  follows — South- 
wardly on  Coxe's  land,  so  called,  Westwardly  on  John 
Stephens's  land  being  Lot  No.  5,  Northwardly  on  Thomp- 
son's land,  so  called,  &  Eastwardly  on  said  Stephen's 
land,  consisting  of  mowing,  ploughing,  pasturing,  orchard- 
ing &  woodland,  with  an  old  Mansion  house  &  old  barn 
standing  on  the  same.  —  Also  a  pew  in  the  Worcester 
Meeting  house,  situate  on  the  lower  floor  of  the  same  & 
adjoining  to  the  North  end  of  the  pew  of  Timothy  Paine, 


200  THE  CHANDLER  CONFISCATION 

Esqr.  &  being  the  second  walled  pew  North  of  the  front 
doors.  —  Also  another  pew  in  said  Meeting  house,  situate 
on  the  lower  floor  &  in  the  Southwesterly  corner  of  said 
Meeting  house,  &  adjoining  to  the  South  side  of  the  pew 
now  improved  by  Colo.  Thomas  Wheeler,  &  the  West 
side  of  the  pew  now  improved  by  one  Noyes. —  Also 
another  pew  situate  on  the  lower  floor  of  said  Meeting 
house,  being  the  second  wall  pew  West  of  the  South 
doors,  adjoining  to  the  East  end  of  the  pew  improved  by 
said  Noyes,  &  the  West  end  of  the  pew  occupied  by 
Chapin  &  others.  —  Also  three  fifths  of  another  pew 
situate  on  the  lower  floor  of  said  Meeting  house,  being 
the  wall  pew  adjoining  to  the  North  side  of  the  pulpit  & 
to  the  South  side  of  the  pew  possessed  by  Daniel  Hey- 
wood  &  others,  with  all  the  privileges,  appurtenances  & 
easements  to  each  &  every  of  the  above  described  tracts 
of  land  to  each  &  every  of  the  buildings  afores'd.  &  to 
the  said  several  pews  belonging  to  him  &  his  heirs  for- 
ever. 

And  also  that  the  said  John  Chandler  since  the  said 
nineteenth  day  of  April,  viz.  on  the  said  first  day  of  Sep- 
tember &  on  the  said  first  day  of  March,  was  seized  & 
possessed  &  was  entitled  to  be  seized  &  possessed,  &  to 
have,  hold  &  demand  to  his  own  use,  each  &  every  of  the 
above-described  tracts  of  land,  each  &  every  of  the  build- 
ings afore'sd.  and  the  aforesaid  several  pews  —  with  all 
the  privileges,  appurtenances  &  easements  to  the  said 
tracts  of  land,  buildings  &  pews  belonging  to  him  &  his 
heirs  forever —  And  the  said  Levi  Lincoln  further  al- 
ledges  that  by  force  of  the  premises  &  of  the  law  of  this 
State  entitled  "  An  Act  for  confiscating  the  Estate  of  cer- 
tain persons  commonly  called  Absentees "  —  the  said 
several  tracts  of  land,  the  said  buildings  &  the  said  pews, 
with  all  the  appurtenances,  to  the  said  tracts  of  land, 
buildings  &  pews  belonging,  ought  to  escheat,  enure  & 


APPENDIX  201 

accrue  to  the  sole  use,  benefit  &  behoof  of  the  Govern- 
ment &  People  aforesaid  afores'd.  &  that  they  accordingly 
ought  to  be  in  possession  thereof :  Therefore  praying  the 
advice  of  the  Court  here  in  the  premises,  &  that  due 
process  of  Law  in  this  behalf  may  be  made  —  as  by 
the  Complaint  on  file  appears.  —  Which  Complaint  was 
exhibited  to  the  Justices  of  the  Inferiour  Court  of  Com- 
mon Pleas,  begun  &  held  at  Worcester,  within  &  for  the 
County  of  Worcester,  on  the  first  Tuesday  of  September 
Anno  Domini  One  thousand  seven  hundred  &  seventy 
nine ;  —  Thereupon  it  was  Considered  &  ordered  by  the 
Court  that  the  said  Complaint  be  continued  to  the  next 
Inferiour  Court  of  Common  Pleas  to  have  been  holden  at 
Worcester,  within  &  for  the  County  of  Worcester,  on 
the  first  Tuesday  of  December  then  next  following,  & 
which  by  adjournment  of  the  Great  &  General  Court 
was  held  on  the  second  Tuesday  of  the  same  December, 
&  that  the  Clerk  of  this  Court  make  out  a  Notification 
thereof  agreeable  to  Law,  containing  a  Description  of  the 
Lands  tenements  &  hereditaments  set  forth  in  said  Com- 
plaint, that  all  persons  claiming  said  Estate,  or  any  part 
thereof,  may  then  &  there  enter  their  said  Claims.  At 
which  last  mentioned  term  Jonathan  Rice,  one  of  the 
Deputy  Sheriffs  within  &  for  said  County  made  return  of 
the  Notification  issued  agreeably  to  the  said  order,  in  the 
words  following,  viz.  —  "  Worcester  ss.  November  3d, 
1779.  In  obedience  to  the  above  Warrant  to  me  directed, 
I  have  left  an  attested  Copy  of  the  foregoing  Notification 
at  the  Mansion  house  on  the  above  described  demanded 
premises,  it  being  the  last  &  usual  place  of  abode  of  the 
within  named  John  Chandler  within  this  State,  as  the  law 
directs.  Jonathan  Rice  Depy.  Sheriff."  —  And  the  said 
Levi  Lincoln  Esqr.  appeared  further  to  prosecute  the 
said  Complaint,  &  no  person  appearing  to  take  upon  him 
the  Defence  of  this  Suit,  the  same  was  further  continued 


202  THE  CHANDLER  CONFISCATION 

by  order  of  Court  to  the  Inferiour  Court  of  Common 
Pleas,  begun  and  held  at  Worcester,  within  &  for  the 
County  of  Worcester,  on  the  last  Tuesday  of  March  last ; 
at  which  last  mentioned  term  the  said  Levi  Lincoln,  Esqr. 
appeared  further  to  prosecute  the  said  Complaint,  &  John 
Sprague,  Esqr.  appeared  to  take  upon  him  the  Defence 
of  this  Suit,  &  thereupon  the  same  was  further  Continued 
by  order  of  Court  to  the  next  Inferiour  Court  of  Com- 
mon Pleas,  begun  &  held  at  Worcester,  within  &  for 
said  County,  on  the  second  Tuesday  of  June  last,  when 
&  where  the  said  Levi  Lincoln,  Esqr.  appeared  further  to 
prosecute  the  said  Complaint  &  the  said  John  Sprague, 
Esqr.  to  take  upon  him  the  Defence  of  this  Suit.  There- 
upon the  said  Complaint  was  further  continued  by  order 
of  Court  to  the  Inferiour  Court  of  Common  Pleas  begun 
&  held  at  Worcester,  within  &  for  the  County  of  Worces- 
ter, on  the  first  Tuesday  of  September  last,  when  & 
where  the  said  Levi  Lincoln,  Esqr.  appeared  further  fur- 
ther to  prosecute  the  said  Complaint,  &  the  said  John 
Sprague,  Esqr.  to  defend  the  same.  —  Thereupon  the 
said  Complaint  was  further  continued  by  order  of  Court 
to  the  Inferiour  Court  of  Common  Pleas  to  have  been  held 
at  Worcester,  within  &  for  the  County  of  Worcester,  on 
the  first  Tuesday  of  December  Instant,  &  which  by  a  re- 
solve of  the  Great  &  General  Court  was  adjourned  to  the 
present  time.  —  And  now  neither  the  said  John  Sprague, 
Esqr.  nor  any  other  person  appearing  to  take  upon  him 
the  Defence  of  this  Suit,  proclamation  is  made  for  any 
person  or  persons  who  have  claim  to  the  Estate  in  the 
said  Complaint  mentioned,  described  &  demanded,  either 
in  their  own  right,  or  on  the  part  &  behalf  of  the  said 
John  Chandler,  or  of  any  person  whomsoever,  to  come  & 
defend  this  Suit,  and  no  person  appearing  to  take  upon 
him  the  Defence  of  this  Suit  —  It  is  by  the  Court  there- 
fore Considered  that  the  said  John  Chandler  is  guilty 


APPENDIX  203 

in  manner  &  form  as  in  the  said  Complaint  is  alledged 
against  him,  &  that  the  lands,  tenements  &  hereditaments 
described  in  the  said  Complaint  are  forfeited,  &  do  es- 
cheat, enure  &  accrue  to  the  sole  use,  benefit  &  behoof  of 
the  Commonwealth  of  Massachusetts,  and  that  a  writ  of 
Habere  facias  possessionem  issue  in  behalf  of  the  Com- 
monwealth aforesaid  to  cause  them  to  be  seized  &  pos- 
sessed of  the  same. 

Attest :  Jos.  AXLEN,  Clerk. 

Commonwealth  of  Massachusetts. 
Worcester,  ss. 

I,  William  T.  Harlow,  Assistant  Clerk  of  the  Superior 
Court  for  said  County  of  Worcester,  hereby  certify  that 
the  above  and  foregoing  are  true  copies  of  the  proceed- 
ings of  the  Inferiour   Court  of  Common  Pleas  in  two 
cases,  each  entitled  State  vs.  Chandler,  transferred  to  said 
Superior  Court  and  now  in  the  custody  of  its  Clerk. 
In  testimony  whereof  I  have  hereto  set  my  hand  and 
affixed   the   seal    of    said   Superior  Court,  this 
(seal)     eleventh  day  of  February,  A.  D.  1901. 

WE  T.  HAKLOW, 

Ass't  Clerk. 
P.  S.  Ch.  152,  §  27. 


c. 

COPIES  -OF  PAPERS  IN  THE  MASSACHUSETTS  AR- 
CHIVES RELATING  TO  THE  CASE  OF  JOHN  CHAN- 
DLER. 

LIST   OF  PAPERS  DST  THE  MASSACHUSETTS  ARCHIVES. 

No.  33.  Certificate  of  the  Committee  of  Correspondence,  Safety 
and  Inspection  of  Murrayfield  as  to  real  &  personal 
estate  of  Chandler  in  that  town.  May  26.  1777 

No.  34.  Certificate  of  Judge  of  Probate  as  to  Report  of  Com- 
missioners to  examine  claims  against  the  estate.  May 
8,  .1782. 

No.  35.  Certificate  of  Judge  of  Probate  to  claim  of  George 
Bethone.  May  20, 1782 

No.  36.  Extract  from  Certificate  of  Register  of  Probate  as  to 
names  of  Agents.  June,  8.  1782 

No.  37.  Certificate  of  Judge  of  Probate  as  to  report  of  Commis- 
sioners to  examine  claims  against  the  estate.  October 
7, 1783 

No.  38.  Statement  of  Account  of  Committee  for  the  sale  of 
Absentees  Estates  in  Worcester  April  20, 1784  (?) 

No.  39.   Receipt  of  Gad  Peirce  —  no  date 

No.  40.  Memorandum  of  Expenses  on  real  estate  purchased  by 
Levi  Lincoln.  No  date 

No.  41.   Bill  of  Probate  Office.     June  10.  1784. 

No.  42.  Report  of  Secretary  as  to  Warrants  drawn  on  Chan- 
dler's Estate. 


APPENDIX  205 

[Number  33.] 
Massachusetts  Archives,  vol.  154  :  122. 

MURRAYFIELD  May  26  1777 

pursuant  to  an  act  of  the  Great  and  General  Court  of  the 
State  of  Massachusets  Bay  April  19  1776 Direct- 
ing the  Committee  of  Correspondence  Safety  and  Inspect- 
tion  to  tack  possession  of  all  the  Real  and  personal  Estate 
of  all  such  persons  as  have  fled  to  our  Enemys  —  The 
Committee  of  this  Town  have  tackin  of  Real  and  personal 
Estate  Left  by  the  persons  after  mentioned,  and  Disposed 
of  it  according  to  our  Best  discretion  and  judgment  fop 
the  use  of  this  State  — 
*######### 

21y  Some  personal  Estate  Left  by  Col  John  Chandler 
in  this  Town  and  Sold  by  the  Committee  for  thirty  five 
pounds  Eight  Shillings  Eight  pence  to  Mr.  Theadeus  New- 
ton, and  Liut  James  Black  his  Surety  Both  of  this  Town 
31y  Eeal  Estate  in  this  town  which  Did  Belong  to  Col 
John  Chandler  which  the  Committee  have  Least  out  to  sd 
thaddeus  Newton  for  Eighteen  pounds   one  year  Capt 
Malchum  Henry  his  Bondsman 
###**###*# 

this  Return  made  By  order  of  the  Committee. 

SAMUEL  MATTHEWS  Chairman 


[Number  34:] 
Massachusetts  Archives,  vol.  155  :  280. 

Commonwealth  of  Massachusetts 
Worcester  ss. 

To  his  Excellency  John  Hancock  EsqF  Govenor  of  the 

Commonwealth  of  Massachusetts  in  council 

These  are  to  certify  —  that  in  pursuance  of  the  laws  of 


206  THE  CHANDLER  CONFISCATION 

this  Commonwealth,  commissioners  have  been  Duly  ap- 
pointed by  the  Judge  of  Probate  &c.  for  said  county  of 
Worcester  with  full  power  to  receive  and  examine  the 
claims  on  the  estate  of  John  Chandler  EsqT  late  of  Worces- 
ter in  said  county  an  absentee,  —  and  to  report  thereon, 
and  that  said  Commissioners  have  agreeable  to  Law  made 
their  report  to  the  said  Judge  of  Probate  on  oath,  by 
which  it  appears  that  the  sum  of 


lawfull  money  of  this  commonwealth,  at  the  rate 
of  silver  @  six  shillings  and  eight  pence  per  ounce  is  the 
whole  amount  of  all  the  claims  exhibited  against  the  estate 
of  the  said  John  Chandler,  togeather  with  the  sum  of 
£5-1-0  due  to  the  said  Commissioners,  and  the  sum  of 
£0-10-0  due  to  the  probate  office  for  Receiving  examin- 
ing allowing  &  recording  the  return  of  the  said  Commis- 
sioners —  and  making  this  certificate  of  Claims  —  And 
that  there  is  due  from  said  Estate  to  the  persons  hereafter 
mentioned,  claiments  on  said  Estate,  the  particular  sums 
respectively  sett  against  their  Names,  lawfull  money  in 
gold  or  silver,  viz, 

To  Jonathan  Gates  JunF  Worcester  on 

Ac*,-  £  5-12-  0 

Nath^1  Heywood  of  Srewrsbury  on  Ac?  3-11-  0 

John  Fisk  Worcester  on  Note  14-  3-  0 

Phillip  Donehue  of  Worcester  on  Ac*  0-16-  0 

William  Trowbridge  Do  —  on  Ac*-  1-14-  2 

Edmond  Heard  of  Lancaster  on  Ac*-  1-  5-  8 

James  Loyd,  Boston  on  Ac*.  1-3-0 

Benj*  Green  &  Sons  of  Boston  on  Ac*- 

against   John   &    Clark   Chandler 

being  one  half  of  the  Ac*.  576-19-  0 

Ruffus  Green  Boston  on  Bonds  being 

the  one  half  of  the  Bonds  Due  from 

John  &  Clark  Chandler  392-  6-10-Va 


APPENDIX  207 

To  Thomas  Fairweather  EsqF  of  Cam- 
bridge Executor  on  the  Estate  of 
Mary  Hubbord  on  Bond  135-  5-  0 

George  Bethone  of  Little  Cambridg  on 

Bond  276-  0- 

Daniel  Bancraft  Salem  on  Ac*.  14-18-11 

Benja  Green  &  Sons  Boston  on  Note  & 

Ac*.  422-19-  2 

Kobert  Smith  Murrysfield  on  Ac*.  30-  0- 

Mary  Chandler  of  Worcester  on  Ac*.  103-  9-  4 


£1979-18-  I-1/, 

In  Testimony  whereof  I  have  hereunto  set  my  hand 
and  seal  of  Office  this  eighth  day  of  May  in  the  year  of 
our  Lord  seventeen  hundred  and  eighty  two 

LEVI  LINCOLN  J.  Prob- 


[Number  35.] 
Massachusetts  Archives,  vol.  155  :  226. 

Commonwealth  of  Massachusetts. 

Worcester  ss. 

May  20*  1782. 

These  are  to  Certify  all  whom  it  may  concern,  That 
in  Pursuance  of  the  Laws  of  this  Commonwealth,  Com- 
missioners have  been  duly  appointed  by  the  Judge  of 
Probate,  &c.  for  the  said  County  of  Worcester,  with  full 
Powers  to  receive  and  examine  the  Claims  on  the  Estate 

of  The  Hon1  John  Chandler  Esq 

late  of  Worcester  —  in  said  County,  an  Absentee,  and  to 
report  thereon,  and  that  said  Commissioners  have  agree- 
able to  the  Law  made  their  Report  to  the  said  Judge 
of  Probate,  on  Oath,  by  which  it  appears  that  the  Sum 
of  One  Thousand  nine  hundred  &  seventy  nine  pounds 
18/  ldV4  Lawful  Money  of  this  Commonwealth,  at  the 


208  THE  CHANDLER  CONFISCATION 

Rate  of  Silver  at  Six  Shillings  and  Eight  Pence  per 
Ounce,  is  the  whole  Amount  of  all  the  Claims  exhibited 
against  the  Estate  of  the  said  Absentee  —  and  that  the 
Sum  of  Two  hundred  seventy  Six  pounds  —  Lawful 
Money,  in  Gold  and  Silver,  is  due  from  said  Estate  to 
George  Bethone  of  Little  Cambridge  —  one  of  the  afore- 
said Claimants. 

LEVI  LINCOLN  Judge  of  Probate. 

[Number  36.] 
Massachusetts  Archives,  vol.  154 :  330. 

Agents  Names         Absentees  Names.        Towns. 


Joseph  Allen  Esqr.  • 


John  Chandler  Esqr. 


James  Putnam  Esq* 
Ruf  us  Chandler  Gent 


( Settled        for 

Not  Settled  for  j  what     lies    in 

the  year  1780    1  the  County  of 
I  Worcester  — 

Worcester  '^'"    Settled 


Not  Settled  —      No  Real  Estate 
##*#***#** 

Worcester  ss.  June  8th  1782 

To  the  Great  and  General  Court  of  the  Common- 
Wealth  of  Massachusetts  In  Obedience  to  an  order  of 
the  late  General  Court,  the  above  is  presented  by 

JOSEPH  WHEELER 
Register  of  the  Court  of  Probate  for  said  County. 

[Number  37.] 
Massachusetts  Archives,  vol.  155  : 330. 

Commonwealth  of  Massachusetts. 

Worcester  ss.  — 

To  His  Excellency  John  Hancock,  Esquire, 

Governor  of  the  Commonwealth  of  Massachusetts,  in 

Council.  — 
These  are  to  Certify,  That  agreable  to  a  Resolve  of  the 


APPENDIX  209 

Great  and  General  Court  of  this  Commonwealth,  bearing 
Date  March  7Q  A.  D.  1782,  the  Commissioners  heretofore 
appointed  by  the  Judge  of  Probate  for  the  County  of 
Worcester,  to  receive  &  examine  the  Claims  on  the  Es- 
tate of  John  Chandler  EsqT  late  of  Worcester  in  the  said 
County,  an  Absentee;  have  been  duly  re-appointed  by 
the  Judge  of  Probate  of  the  said  County  (it  appearing 
that  the  same  would  tend  to  the  furtherance  of  Justice) 
—  with  full  Powers  to  Receive  &  examine  the  Claims  on 
said  Estate,  not  heretofore  received  &  duly  examin'd, 
and  to  Report  thereon :  And  that  the  said  Commission- 
ers have  agreable  to  Law,  made  their  Report  to  the  said 
Judge  of  Probate,  on  Oath ;  by  which  it  appears  that  the 
Sum  of  One  Thousand,  forty  six  Pounds,  twelve  Shillings 
&  five  Pence,  lawful  Money  of  this  Commonwealth  at 
the  Rate  of  Silver  @  six  Shillings  and  eight  Pence  per 
Ounce,  is  (in  addition  to  the  Claims  heretofore  allow'd) 
the  whole  Amount  of  all  the  Claims  exhibitted  against 
the  Estate  of  the  said  John  Chandler,  together  with  the 
Sum  of  £5-6  —  due  to  the  Commissioners  for  their  Ser- 
vice &  expences  in  the  Execution  of  their  last  Commission, 
and  £0-12  due  to  the  Probate  Office  for  the  Commission, 
examining,  allowing  &  recording  the  Return  of  the  said 
Commissioners,  and  this  Certificate  of  Claims :  And  that 
there  is  due  from  the  said  Estate,  to  the  Persons  here- 
after mentioned,  Claimants  on  said  Estate,  the  particular 
Sums  set  against  their  Names  respectively,  lawful  Money 
in  Gold  or  Silver,  viz. 

To  Benjamin  Greene  £240-11-  9 

To  Martha  Green  591-  0-  0 

To  Sarah  Greene  42-  2-  6 

To  Gardner  Williams  47-15-  0 

To  Charles  Chandler  &  Samuel  Chandler    125-  3-  2 

Worcester  October  7?  1783. 

JOSEPH  Dow  J.  Prob. 


210 


THE  CHANDLER  CONFISCATION 


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APPENDIX  211 

[Number  39.] 
Massachusetts  Archives,  vol.  155 : 227  (2). 

Receivd  of  John  Fessenden  Esq?  The  Committee  for 
the  Sale  of  Absentees  Estates  in  the  County  of  Worces- 
ter the  Sum  of  Twenty  Seven  Shillings  and  five  pence 
for  the  Expence  at  my  House  when  Selling  the  land  late 
the  Property  of  John  Chandler  EsqF  an  Absentee. 

GAD  PEIECE 

[Number  40.] 
Massachusetts  Archives,  vol.  155 :  227  (3). 

To  two  Journeys  to  Worcester  on  Chandlers 
Estate  Sold  to  Levi  Lincoln  Esqr  from 
Rutland  to  Worcester  12  miles 

Each  at  0/6  per  mile  £  0-12-0 

To  Expences  on  the  Road  4/  0-  4-0 

John  Fessendens  Account  £  0-16-0 

Caleb  Ammidowns  Account  on  Chandlers 
farm  Sold  to  Levi  Lincoln  to  two  Jour- 
neys from  Charlton  to  Worcester 

20  Miles  Each  at  0/6  per  mile  £  1-  0-0 

To  Expences  on  the  Road  6/  0-  6-0 

£  1-  6-0 
0-16-0 


Amounting  in  the  Whole  to  £2-  2-0 

To  one  Journey  to  Worcester  to  advertise 

Royatson  land  6/  0—  6—0 

Expences  4/  0-  4-0 

To  one  Journey  from  Rutland  to  Royatson 

To  sell  Chandlers  Land  35  at  /6  per  mile  0-17-6 

Expences  on  the  Road  8/  0-  8-0 

3-17-6 


212  THE  CHANDLER  CONFISCATION 

[Number  41.] 
Massachusetts  Archives,  vol.  155 :  228. 

The  Commonwealth   of   Massachusetts   to   the   Probate 

Office  for  the  County  of  Worcester  Dl 

For  Sundry  Servicies  in  settling  the  Estates  of  Absentees 

in  said  County,  which  have  not  been  paid  for  by  the 

Several  Agents  —  (Viz)  — 

Upon  the   Estate  of  John  Chandler  Esq? — 
For  makeing  two  statements  of  said  Estate  . 
&  Certifying  the  same  to  the  General  Court 
agreeable  to  their  Order 

******** 
June  10*  1874 

JOSEPH  WHEELER,  Regr 

[Number  42.] 
Massachusetts  Archives,  vol.  154 :  391-(4). 

Account  of  Warrants  drawn  by  His  Excellency  the 
Governor  on  the  Treasury  in  favor  of  Creditors  to  Ab- 
sentees Estates  to  be  paid  out  of  the  proceed  thereof. 

********* 

Estate  of  John  Chandler 

John  Cunningham  36-  7-10 

Daniel  Bancroft  14-18-11 
Nath!  Heywood  3-11- 

"  54-17-  9 

********* 

JOHN  AVERT,  Sec? 


JOHN  CHANDLER,  AMERICAN  LOYALIST.  HIS  CLAIMS 
FOR  "TEMPORARY  SUPPORT"  AND  FOR  "COM- 
PENSATION FOR  LOSSES  SUSTAINED,"  HIS  MEMO- 
RIALS, SCHEDULES,  EVIDENCES,  AND  PAPERS, 
COLLATED,  EXTRACTED,  AND  TRANSCRIBED  FROM 
OFFICIAL  DOCUMENTS  IN  THE  PUBLIC  RECORD 
OFFICE  OF  ENGLAND  BY  BENJAMIN  FRANKLIN 
STEVENS,  L.  H.  D.,  A.  A.  S.,  F.  S.  A.,  AND  PRESENTED 
TO  THE  AMERICAN  ANTIQUARIAN  SOCIETY, 
APRIL,  1901. 

TRANSCRIBER'S  NOTE  OF  CONTENTS. 

Temporary  Support 

from    Audit  j"  Copy  of  memorial  to  Lord  G.  Germain 

Office  Loyal-  I       2  Sept.  1776  7 

ist  series          |  Copy  of  memorial  to  the  Treasury  11 

Bundle  73       [  Certificates  19-28 
Vol.  105        Commissioners'  Statement  in  Book  of 

Old  Claims  Extract  30-31 

Compensation 

Bundle  73     Memorial  9  February  1784  35 

"  Schedule  with  names  of  Referees  41 

"  Supplement  to  Schedule  59 

"  Depositions  N08  1  to  5  of  the  above 

Referees  65-116 

"  Copy  of  Protest  of  the  town  of  Worces- 

ter,   mentioned    in    the    Memorial 
above  117 

"  Certified  sealed  copy  of  Writs,  Judg- 


214  THE  CHANDLER  CONFISCATION 

ments  and  Appraisements,  fastened 
together  with  ribbon  127-260 

Transcriber's  note  of  duplicate  of  two 

writs  and  judgment  261 

Bundle  73     Certificate  concerning  lands  in  Murray- 
field  29  Oct.  1783  263 
"               Certificate  concerning  lands  in  Murray- 
field  31  Oct.  1783  269 
"               Certificate  of  sale  of  Worcester  estate 

4  Nov.  1783  271 

Bundle  73     John  Chandler  to  Mr.  Forster  11  Oct. 

1785  273 

"  Certificates  enclosed  275-294 

"  John  Chandler  to  Mf  Forster  10  Nov. 

1785  295 
"               John  Chandler  to  Mf  Forster  28  Feb. 

1786  299 
Bundle  73     Three   Certificates   fastened   together 

with  ribbon,  enclosed  in  the  forego- 
ing letter  303 
Transcriber's  note  of  a  duplicate  Cer- 
tificate 309 
Bundle  73     Memorial                           1  May  1787          311 
"              John  Chandler  to  Mf  Munro  30  Aug. 

1788  315 

"  Affidavit  and  accounts  enclosed  317 

Transcriber's    note    of    duplicate    of 

above  letter  and  enclosure  337 

Vol.  81          Extract  containing  reference  to  John 

Chandler  339 

Vol.  82          Extract  from  a  list  of  persons  sustain- 
ing loss  by  forfeiture  or  confiscation  341 
Vol.    "          Extract  from  accounts  current  of  absen- 
tees estates                                                344-5 
Vol.  83          Notes  and  Extract  referring  to  John 

Chandler  347 

Vol.  109        Item  from  the  Commissioners'  Liqui- 
dation Book  352-3 


APPENDIX  215 

(Pages  7  to  32  [Numbers  43-50  inclusive]  are  from  Audit 
Office  Loyalist  series  Bundle  73  and  are  in  a  wrapper  marked :  — 


Temporary  Support 

C 

T.  B.  Chandler 

John 

Mas. 
R/  .  6  NovF  1782) 


[Number  43.] 

To  the  Eight  Honorable  Lord  George  Germaine  His 
Majestys  Principal  Secretary  of  State  for  the  American 
Department 

The   memorial   of    John    Chandler    Esquire    late  of 
Worcester  in  the  County  of  "Worcester  and  Province 
of  the  Massachusetts  Bay  in  New  England,  but  now 
Resident  in  London  — 
Humbly  Sheweth 

That  your  Memorialist,  in  Consequence  of  his  Loyalty 
to  his  King  and  Attachment  to  the  British  Government, 
after  Suffering  the  gratest  Indignities  and  Insults  from 
the  rebellious  Americans,  was  Obliged  to  leave  an  ample 
Estate  and  a  Numerous  Family  in  the  County  of 
Worcester,  and  flee  for  Refuge  to  the  Town  of  Boston ; 
where  he  resided,  under  the  Protection  of  the  Kings 
Troops,  for  more  than  Sixteen  months,  and  when  they 
evacuated  the  Town  of  Boston,  he  went  with  them  to 
Hallif  ax : 

That  your  Memorialist,  haveing  been  for  Several  Years 
of  his  Majestys  Council  (from  which  he  had  been  dropped 
from  his  Opposition  to  many  popular  Proceedings)  and 
still  Continuing  to  be  at  the  Head  of  the  Militia,  a  Judge 
of  the  Probate  of  Wills  and  in  the  Commission  of  the 
Peace  for  said  County,  considered  himself  as  under 


216  THE  CHANDLER  CONFISCATION 

Stronger  Obligations  to  use  his  Influence  for  quietting 
the  minds  of  his  Countrymen,  and  inducing  them  to  pay 
a  proper  Submission  to  the  Laws  and  Authority  of  Great 
Brittain,  than  if  he  had  been  in  a  private  Station,  and 
became  proportionably  more  obnoxious  to  the  People ;  in 
Consequence  of  which  he  has  not  been  able,  Since  Sep- 
tember 1774,  to  procure  any  Support  from  his  Estate, 
which  was  and  is  in  the  Hands  of  the  Kebells ;  and  that 
by  means  of  this  unnatural  Rebellion,  and  on  account  of 
his  Attachment  to  his  Majesty's  Government,  he  is  now 
reduced  to  temporary  Poverty. 

Your  Memorialist  therefore  humbly  prays  your  Lord- 
ship in  whose  Humanity  he  has  the  gratest  Confidence, 
that  Such  present  Support  may  be  provided  for  him,  as 
his  Situation  may  be  thought  to  require ;  and  Your  memo- 
rialist, as  in  Duty  bound,  Shall  ever  pray. 

JOHN  CHANDLER. 

London  September  2?  1776 

(Endorsed) 

Copy  of  Petition 
to  Lord  Germaiue 


[Number  44.] 

The  following  is  a  Copy  of  a  Petition  To  the  Right 
Honorable  the  Lords  Commissioners  of  the  Treasury — 
Presented  the  Seventeenth  day  of  February  Anno 
Domi:  1779  viz* 

To  the  Right  Honorable  the  Lords 

Commissioners  of  the  Treasury 

The  Petition    of    John    Chandler    Esqy    most    humbly 

Sheweth 

That  your  Petitioners  present  Unhappy  Situation  com- 
pells  him  to  trouble  your  Lordships  a  second  time,  with 


APPENDIX  217 

a  more  particular  Representation  of  his  case,  and  with  a 
humble  and  dutiful  request  for  farther  releif ,  under  his 
uncommon  and  almost  unexampled  misfortunes. 

That  for  many  years  before  the  American  Rebellion 
your  Petitioner  held  Several  important  and  respectable 
offices  in  the  Province  of  the  Massachusetts  Bay;  and, 
with  what  fidelity  to  his  King  and  Country  he  discharged 
the  Duties  of  them  the  Certificates  hereunto  annexed  will 
Sufficiently  Shew :  That  Several  of  the  Offices  which  he 
held  being  elective,  and  depending  on  the  choice  of  the 
people,  were  considered  by  them  as  laying  a  peculiar 
Obligation  upon  him  to  Support  their  measures  in  oppo- 
sition to  the  British  Government,  and  consequently  his 
Refusal  of  that  Support  exposed  him  in  a  peculiar  degree 
to  the  outrage  and  persecution  of  the  disaffected  and 
licentious : 

That,  after  Suffering  the  most  cruel  Insults,  being  de- 
prived of  his  Liberty  and  threatned  in  the  most  alarming 
manner,  unless  he  would  Sacrifice  his  Loyalty  to  the 
King,  renounce  the  Worcester  Protest  which  he  had  pro- 
moted and  Signed,  and  adopt  in  its  Stead  a  very  trea- 
sonable League  and  Covenant  which  was  offered  to  him, 
he  was  obliged,  in  order  to  Save  himself  from  an  igno- 
minious Death,  to  fly  from  his  home  in  November  1774, 
and  put  himself  under  the  Protection  of  the  Kings  Troops 
then  in  Boston : 

That  he  left  a  beloved  wife  and  Sixteen  Children  to 
the  mercy  of  the  Rebells ;  but  that  four  of  his  sons  soon 
afterwards  at  the  Risque  of  their  lives,  also  made  their 
Escape  to  Boston  (who  are  now  at  New  York)  while  his 
eldest  Son  was  confined  to  his  House,  and  his  Second  im- 
prisoned in  the  common  Goal  of  the  County : 

That  all  the  money  your  Petitioner  could  collect,  under 
Such  circumstances,  for  his  own  Support,  was  Eight 
Hundred  thirty  two  pound;  which  sum,  by  Sickness 


218  THE  CHANDLER  CONFISCATION 

brought  upon  him  by  his  Fatigues,  by  a  voige  which  he 
was  obliged  to  undertake  for  the  Recovery  of  his  health 
(in  which  voige  he  was  Shipwrecked,  and  nearly  Lost  his 
life)  and  by  other  unavoidable  Accidents,  he  had  ex- 
pended before  his  arrival  in  England  : 

That,  in  order  to  give  your  Lordships  a  more  perfect 
Idea  of  your  Petitioners  Sufferings,  he  thinks  himself 
bound  in  duty  and  Justice  to  disclose  what  he  did  not 
originally  intend  to  avail  himself  of  or  discover,  namely, 
that  the  .Income  of  his  real  and  personal  Estate,  Acquired 
by  his  own  honest  and  honorable  Industry,  was  upwards 
of  thirteen  Hundred  *$  Annum 

That  your  Petitioner  very  gratefully  acknowledges  your 
Lordships  former  Goodness  to  him ;  but  yet  he  humbly 
implores  your  farther  Consideration  of  the  very  peculiar 
Hardships  of  his  case,  especially  as  his  present  Allowance 
with  the  Strictest  ©economy,  is  not  Adequate  to  his 
necessary  expences,  and  as  he  has  already  been  obliged  to 
contract  Debts  which  he  is  unable  to  discharge :  and  That 
this  Petition  is  most  dutifully  presented,  in  full  confidence 
of  your  Lordships  Goodness  and  Candour,  and  with  an 
humble  hope  that  your  Petitioners  former  Circumstances 
and  Stile  of  life,  together  with  his  Rank  in  the  Province 
where  he  resided,  in  which  he  had  the  Honour  to  serve 
for  many  Years  as  one  of  his  Majesty's  Councillors,  till 
he  was  left  out  merely  for  his  Opposition  to  the  Seditious 
Proceedings  of  the  Inhabitants  will  have  their  due  weight 
with  Your  Lordships. 

And  as  in  duty  bound  shall  ever  pray 

JOHN  CHANDLER 

(Endorsed) 

Certificates  & 

Memorial  of  M!  Chandler 

R.  6?  Nov  1782. 


APPENDIX  219 

[Number  45.] 

I  certify  that  I  long  knew  John  Chandler  Esq?  late  of 
Worcester  in  the  province  of  the  Massachusetts  Bay,  but 
now  of  London,  in  which  time,  he  was  several  years  Sheriff 
of  said  County,  Member  for  said  town  of  Worcester, 
Judge  of  Probates  for  the  county  of  Worcester,  Colonel 
of  the  Militia  and  one  of  his  Majesty's  Council  in  the 
Province  aforesaid ;  in  most  of  which  offices  he  succeeded 
his  father.  And  in  all  which  departments,  I  always  un- 
derstood he  discharged  his  duty  with  great  honor  and 
integrity.  That  he  always  was  an  active  and  fast  friend 
to  Government ;  and  in  consequence  thereof,  was  obliged 
to  quit  his  home  and  family,  which  was  very  numerous, 
and  fly  to  Boston  for  protection.  That  for  many  years 
before  that  unhappy  event,  he  was  universally  esteemed  a 
Gentleman  of  a  very  affluent  fortune  for  America,  and 
lived  in  that  stile.  And  though  it  is  impossible  for  me 
to  certify  precisely  to  all  the  facts,  by  him  alledged  in  his 
petition,  touching  his  estate,  yet  from  his  known  honour 
and  veracity,  as  well  as  from  general  report,  I  declare, 
that  I  have  no  doubt  of  the  same. 

EGBERT  AUCHMUTY 
October  29th  1782. 


[Number  46.] 

At  the  Eequest  of  John  Chandler  EsqFl  do  hereby 
certify,  that  he  was  one  of  the  principal  inhabitants  of  the 
County  of  Worcester  in  the  province  Massachusetts,  many 
years  Sherrif  of  that  County,  &  upon  his  Resignation 
was  appointed  Judge  of  Probate,  Colonel  of  a  Regiment, 
one  of  His  Majesties  Justices  of  the  peace  throughout 
the  province,  &  a  member  of  the  provincial  Council  —  he 
Possesed  great  property,  had  a  numerous  family  and  Very 


220  THE  CHANDLER  CONFISCATION 

Early  distinguished  himself  in  Support  of  the  constitution 
for  which  he  suffered  great  persecution 

THO?  FLUCKEE 

Secretary  of 
the  Province 
November  4*  1782 


[Number  47.] 

I  Certify  that  the  Petitioner  bore  the  Character  of  a 
firm  and  steady  friend  to  Government,  that  he  Suffered 
Persecution  for  his  attachment  to  it,  and  was  driven  from 
his  Estate,  which  by  report,  was  considerable  in  the  Massa- 
chusetts Bay  and  obliged  to  seek  Protection  in  Boston, 
that  he  associated  with  others  in  the  defence  of  that  place, 
till  attacked  by  a  severe  sickness  he  obtained  my  permis- 
sion to  go  to  Nova  Scotia. 

THO?  GAGE 

Portland  Place 
Janu'  28th  1779 

[Number  48.] 

At  the  Bequest  of  the  Petitioner  I  Certifye,  that  he 
sustained  Several  Principal  civil  and  military  offices  in 
the  County  of  Worcester  while  I  was  Governour  of  the 
Massachusetts  Bay,  as  he  had  done  for  several  years 
before  —  that  he  was  by  Repute  possessed  of  as  large 
property  as  any  person  in  the  County  —  that  I  always 
looked  upon  him  as  a  person  firmly  attached  to  Govern- 
ment, and  have  reason  to  believe  that  for  such  attachment 
he  was  left  out  of  the  Council  of  which  he  had  been  divers 
years  a  member 

Sackille  Street  T.HO  :  HUTCHINSON 

Janu'  28:  1779 


APPENDIX  221 

[Number  49.] 

At  the  Particular  request  of  the  Petitioner  to  Certify 
his  memorial  I  can  only  confirm  the  several  Circumstances 
as  set  forth  in  the  foregoing  Certificates  Signed  by  Lieut 
Genu  Gage  and  Governour  Hutchinson  - 

THOS  OLIVER 

Bentinck  Street 
Jan"  30  :  1779 

[Number  50.] 

I  Certifye  that  I  Long  knew  the  within  named  peti- 
tioner in  America  during  which  time,  he  was  Several 
years  Sheriff  of  the  County  of  Worcester,  member  for  the 
Town  of  Worcester,  Judge  of  Probate  for  said  County, 
Col°.  of  the  militia,  and  one  of  his  Majesty s  Council  in 
the  province  of  the  Massachusetts  Bay ;  in  most  of  which 
offices  he  succeeded  his  father,  and  in  all  which  depart- 
ments, I  always  understood  he  discharged  his  duty  with 
great  Honor  and  Integrity,  That  he  always  was  an  active 
and  fast  friend  to  Government,  and  in  consequence  thereof 
was  obliged  to  quit  his  home  and  family,  which  was  very 
numerous,  and  fly  to  Boston  for  Protection.  That  for 
many  years  before  that  unhappy  event,  he  was  universally 
Esteamed  a  Gentleman  of  a  very  affluent  fortune  for 
America,  and  lived  in  that  Stile,  and  though  it  is  impos- 
sible for  any  one  to  certifye  precisely  to  all  the  facts,  by 
him  alledged,  in  his  petition,  yet,  from  his  known  honor 
and  veracity,  I  declare,  that  I  have  no  doubt  of  the  Same 

BOB?  AUCHMUTY  - 

Brompton  Kow  N°  4 
Fab'  17  :  1779  - 

Copy 
(Endorsed) 

Memorial  and 
Mas 


222  THE  CHANDLER  CONFISCATION 

Papers  relating 

to  Mr  John  Chandler 

He  attended  26th  Oct' 
was  heard  &  exainin'd 


[Number  61.] 
(From  Audit  Office,  Loyalist  Series,  volume  105,  folio  122.) 

PERSONS  receiving  ALLOWANCES  under  a  General  Minute  of 
the  Board  dated  the  [     ]  day  of  [  J  but  whose  Claims  are 

not  set  forth  by  Memorial  or  supported  by  Voucher 


Names 

Present 
Allowance 

Professions. 

Chandler  John 

£100 

Judge  of 
Militia 

Probat  of  Wills  &  Col!  of 

Produces  Copies  of  Certificates  of  Gen?  Gage,  Thomas 
Hutchinson,  Thol  Oliver,  &  R.  Achmuty,  the  Originals 
of  wc^  he  delivered  to  MT.  JRowe.  Bore  every  Office  at 
Worcester  as  the  Council  of  the  Province  of  Massachu- 
setts Bay,  Judge  Protest  of  Wills  —  Sheriff  of  the 
County,  —  Lost  real  &  Personal  property  to  the  Value  of 
25000X  was  very  ill  used  in  Septemr  1774  by  the  Eebels, 
when  he  got  away  to  Boston,  &  associated  for  the  Defence 
of  y?  Town.  Came  away  with  the  Troops  has  been  in  a 
very  bad  state  of  health  ever  since  he  came  to  Town,  is 
62  Years  of  Age,  has  16  Children,  11  Sons,  &  5  Daugh- 
ters, himself  &  Family  all  ruined  —  has  no  Children  here 
to  provide  for,  has  nothing  to  depend  upon  but  this  pro- 
vision, except  about  21X  is  known  to  Mr  Flucker,  &  every 
Gentleman  in  the  Country.  — 

N  B.  tho'  We  are  perfectly  satisfied  with  the  truths  of 
the  above  particulars,  wish  in  point  of  Form,  to  have  the 


APPENDIX  223 

Originals  of  the  above  Certificates,  or  to  have  the  Copies 
attested.  —  M*  Flucker  Speaks  of  his  being  one  of  the 
first  Men  in  the  County,  that  he  lived,  &  having  met  with 
very  hard  measure,  Mr  Harrison  Gray,  Confirms  the  above. 

DECISION. 

This  Gentleman  was  in  a  most  respectable  situation  in 
Life,  &  has  been  spoken  well  of,  by  every  one  who  has 
spoken  of  him  at  all.  —  his  property  was  very  great  being 
Estimated  at  £25,000  Sterl*  besides  this  he  has  16  Chil- 
dren tho'  none  of  them  are  in  this  Country,  Is  62  Years 
of  Age,  &  We  think  his  Case  calls  for  an  Augmentation 
of  50  £  a  year  in  future.  — 
Ex? 

(Pages  35  to  337  [Numbers  52  to  96  inclusive]  are  from  Audit 
Office,  Loyalist  series,  Bundle  73.    These  papers  are  docketed  :  — ) 

N?  443 

[COMPENSATION] 

John  Chandler  N?  2 
Little  Titchfield  Street 
Memorial  and  Schedule 

N?  10.    North  Street 
Tottenham  Court  Road 

received  11th  Fete  1784 


[Number  52.] 
TO  THE  COMMISSIONERS 

appointed  by  act  of  Parliamant  for  enquiring  into  the 
Losses  and  Services  of  the  American  Loyalist 

The  memorial  of  John  Chandler  late  of  Worcester  in 
the  Province  of  the  Massachusetts  Bay  Esq* 
Humbly  Sheweth 

That  your  memorialist  who  is  a  native  of  New  England 


224  THE  CHANDLER  CONFISCATION 

has  been  always  Loyal  upon  principle  and  firmly  attached 
to  the  British  Government  which  he  endeavoured  to  Sup- 
port to  the  utmost  of  his  power  by  openly  opposing  from 
the  beginning  the  seditions  and  unlawful  practices  which 
Brought  on  the  late  unhappy  Dessensions  in  America 

That  with  this  view  at  an  early  period  he  was  Instru- 
mental in  bringing  forward  an  open  Protest  against  the 
popular  proceedings  in  which  he  was  Supported  by  the 
principal  People  of  the  Town  of  Worcester  and  to  render 
it  the  more  effectual  he  and  his  Loyal  associates  caused  it 
to  be  entered  on  the  Town  Records  and  Copies  of  it  to  be 
circulated  thro  the  Country  in  the  publick  News  Papers, 
see  the  Protest  marked  A 

That  in  September  AD  1774  a  mob  of  several  Thou- 
sands of  Armed  People  drawn  from  the  neighbouring 
Towns  assembled  at  Worcester  for  the  purpose  of  Stop- 
ping the  Courts  of  Justice  then  to  be  held  there  which 
haveing  accomplished  they  seized  your  memorialist  who 
in  order  to  save  himself  from  Immediate  death  was  obliged 
to  renounce  the  afore  said  Protest  and  Subscribe  to  a 
very  Treasonable  League  and  Covenant. 

That  he  soon  after  found  it  necessary  for  his  Personal 
Safety  to  leave  his  numerous  Family  and  fly  for  protection 
to  Boston  where,  upon  the  commencement  of  the  Block- 
ade, he  did  the  common  duty  of  a  Patrole  till  prevented 
for  want  of  Health. 

That  when  the  Evacuation  of  Boston  took  place  in 
March  A  D  1776  he  went  with  the  Kings  Troops  to  Halli- 
fax  taking  three  of  his  sons  with  him  and  that  he  came 
from  Hallifax  to  England  the  July  following  while  his 
three  Sons  attended  the  army  to  New  York  where  they 
remained  during  the  war  often  doing  military  duty  and 
always  giving  the  army  all  the  assistance  in  their  Power. 

That  in  consequence  of  his  Loyalty  to  his  Majesty  and 
Attachment  to  the  British  Government  your  memorialist 


APPENDIX  225 

besides  many  other  Hardships  and  Sufferings  has  been 
compelled  to  quit  a  profitable  mercantile  business  to  give 
up  the  respectable  office  he  held  and  to  leave  his  whole 
Estate  in  the  hands  of  the  Americans  who  have  actually 
Confiscated  his  real  Property  and  have  his  personal  Estate 
Still  in  their  Power. 

All  which  particulars  are  fairly  Stated  in  the  annexed 
schedule  by  which  you  will  be  able  to  Judge  what  Losses 
he  has  Suffered  in  his  Rights  Property  and  Profession 
during  the  late  unhappy  dissensions  in  America  in  conse- 
quence of  his  Loyalty  and  attachment  to  the  British 
Government. 

Your  Memorialist  therefore  prays  that  his 
case  may  be  taken  into  your  consideration  in 
order  that  your  Memorialist  may  be  enabled 
under  your  report  to  receive  such  aid  or  releif 
as  his  Losses  and  Services  may  be  found  to 
deserve 

JOHN  CHANDLER 
Ns  2  Little  Titchfield  Street 

Cavindish  Square 
February  9  :  1784  - 

[Number  53.] 

A  Schedule  of  the  Estate  of  John  Chandler  Esqf  Con- 
fiscated by  the  Massachusetts  State  refered  to  hi  the  an- 
nexed Memorial  viz*  (valued  in  Sterling) 
N°l.    One  Acre  two  Rood  and  twenty  nine 
perch  of  land  in  Worcester  on  which 
Stands  his  Mansion  House  two  large 
Barns  a  Stable  for  thirteen  Horses  a 
large   Granery  a  Chaise  House  one 
half  of  a  large  Store  House  and  Sun- 
dry  other  Buildings  held  by  deeds 
from  Daniel  Willard,  and  the  Town 
of  Worcester  and  the  Proprietors  of      Sterling 
Worcester,     see  N°l  valued  at .  £750.  0.  0 


226  THE  CHANDLER  CONFISCATION 

A  Farm  Containing  one  Hundred  and 
Eighty  eight  acres  and  three  Quar- 
ters of  land  well  watered  fenced  with 
Stone  wall  and  under  the  best  Im- 
provement Situated  in  Worcester  on 
the  Road  leading  to  Sutton  known  by 
the  name  of  the  mill  Farm  with  a 
good  dwelling  House  a  large  Barn 
and  orchards  two  valuable  Corn  mills 
and  a  Bolting  mill  Standing  on  Black- 
stone  River  with  a  dam  and  the  privi- 
ledge  of  raising  a  Pond  of  water  held 
by  Deeds  from  Zechariah  Heard, 
Richard  Heard,  Elisha  Rice,  Francis 
Cutting,  Joseph  Hastings  and  Gardi- 
ner Chandler  See  N°  2  valued  at .  .  £1500.  0.  0 

Seventeen  acres  and  one  Rood  of  valuable 
wood  land  in  Worcester  held  by 
Deeds  from  Daniel  Heywood  and 
Barzaleel  Gleeson  see  N°  3  valued  at 
£3  p  acre  £  51.15.  0 

A  Cedar  Swamp  in  Worcester  Containing 
Sixteen  acres  and  a  half    held  by 
Deeds    from    John    Chandler    and 
Gardiner  Chandler 
see  N°  4  valued  at  £IQ  p  acre  £  165.  0.  0 

A  Pasture  in  Worcester  Containing  Seventy 
acres  three  Quarters  and  Eleven  perch 
well  watered  and  fenced  held  by 
Deeds  from  Gardiner  Chandler,  John 
Frith  and  Lydia  Chaddick  see  N?  5 
valued  at  X3.10/  p  acre  £  247.12.  6 

A  Pasture  Containing  twenty  six  acres 
and  a  half  in  Worcester  watered  and 
well  fenced  held  by  Deeds  from  Henry 


APPENDIX  227 

Baldwin  and  Samuel  Mower  —  See 

N°  6  valued  @  £5  p  acre  £  132.10.  0 

A  Farm  in  Worcester  near  the  Meeting 
House  Containing  two  Hundred  and 
fifty  Six  Acres  Acres  &  a  Quarter 
with  a  good  dwelling  House  two  large 
Barns  an  artificial  Front  Pond  twenty 
three  perch  Long  and  Seven  perch 
wide  the  whole  well  watered  and 
fenced  with  Stone  wall  and  under 
the  best  Improvement  held  by  deeds 
from  Jacob  Hemingway  &  wife  and 
Anna  Rice,  Joseph  Blair,  Daniel 
Heywood,  Thomas  Stearns,  Propri- 
etors of  Worcester  two  deeds  Robert 
Blair,  and  Joshua  Childs  see  N°  7 
valued  at  £5  p  acre £1280.  0.  0 

Forty  acres  of  Land  divided  from  the  last 
Farm  by  a  Town  Road  on  which 
stands  a  large  young  orchard  the 
remainder  wood  land  held  by  deeds 
from  the  Town  of  Worcester  and 
James  Putnam  Esq*  See  N°  8  valued 
a  £4.  o/  —  p  acre £160.  0.  0 

A  Farm  in  Worcester  near  the  Court  House 
Containing  two  Hundred  and  three 
acres  well  watered  and  fenced  with 
Stone  wall  on  which  Stands  a  large 
well  Built  Dwelling  House  two  Barns 
with  a  Granery  and  Sundry  other 
valuable  buildings  held  in  part  by 
the  last  will  and  Testament  of  my 
late  father  also  by  deeds  from  my 
father  and  Gardiner  Chandler  see 
N°  9  valued  at  £1800.  0.  0 


228  THE  CHANDLER  CONFISCATION 

A  Farm  situated  partly  in  "Worcester  and 
partly  in  Leicester  Containing  three 
Hundred  and  twenty  two  acres  &  one 
Hundred  and  forty  four  perch  well 
fenced  and  watered  with  a  large 
dwelling  House  and  Barn  a  large 
orchard  and  Cyder  mill  about  fifty 
acres  of  it  Covered  with  wood  and 
timber  the  remainder  under  the  best 
Improvement  held  by  Deeds  from 
Abisha  Eice,  John  Gates,  Samuel 
"Waldo  &  others  &  Elisabeth  and 
John  Southgate  see  N?  10  valued  at 
£3.10/pacre £1130.10 

Two  thirds  of  a  Farm  Situated  partly  in 
Oxford  and  partly  in  Charlton  in 
said  County  Containing  in  the  whole 
two  Hundred  acres  well  watered  and 
fenced  with  wall  held  in  Common 
and  undivided  with  Benjamin  Eich 
with  an  old  House  and  Barn  Stand- 
ing thereon  and  a  large  orchard  held 
by  Deeds  from  John  Chandler  and 
Gardiner  Chandler  See  N°  11  valued 
at  31  p  acre £  400.  0.  0 

Two  Pews  and  three  fifths  of  a  Pew  in 
Worcester  meeting  House  held  by 
Grant  from  the  Town  of  Worcester 
valued  @  £25 £  65.  0.  0 

five  Lotts  of  Land  in  Eoyalston  in  the  Same 
County  Containing  two  Hundred 
acres  each  and  are  lotts  N°  26, 52,  91, 
95  &  103  in  the  whole  1000  acres 

Also  a  ninth  part  of  the  follow- 
ing  Lotts    in    the    Same 


APPENDIX  229 

Town  viz*  N°  22,  N°  50  & 
N°  70  Containing  in  the 
whole,  490  acres  a  ninth 
part  is 54 

So  that  the  whole  of  his  Land  Confiscated 
in  that  Town  amounts  to  1054  acres 
@  9/  £474.  6.  0 

Held  by  deed  from  the  Province  see 
N°12 

A  Farm  in  Murraysfield  in  the  County  of 
Hampshire  Containing  four  Hundred 
acres  viz*  Lotts  N°  9,  13,  14  &  15  on 
which  Stands  a  good  dwelling  House 
large  Barn  and  Sawmill  &  an  orchard 
and  Improved  by  mowing  Ploughing 
and  Pasturing  valued  at  £600.  0.  0 

Also  the  following  Lotts  in  said  Murrays- 
field and  Norwich  in  the  County  of 
Hampshire  viz*  Lott  N°  56,  59,  85, 
86,  97,  &  111  Containing  one  Hun- 
dred acres  each  and  are  in  the  first 
division  600  acres 

Also  Lotts  N°  23,  24,  26, 
30, 31,  33  &  46  each 
200  acres  is  1400 

Lott  N°  27 153 

Also  Lott  N°  6    .     .    .    .105 

Also  Lott  N°  7.95  acres 
and  Lott  N°  20  100 
acres  is 195 

Also  three  Intervale  Lotts 
marked  O.  P.  &  Q. 
50  acres  each  150 

Also  Lott  N°  1  in  y«  Sec- 


230  THE  CHANDLER  CONFISCATION 

ond  Division  Con- 
taining 247 

Also  LottN0  64  Containing  200 

Also  one  fifth  part  of 
1200  acres  Called 
the  additional  Grant 
a  fifth  being  240 


3290  acres  @  10/  £1645.  0.  0 

Also  about  four  Hundred  acres  of  Land 
in  Murraysfield  as  it  lyes  in  Comon 
and  undivided  with  the  Proprietors 
@  3/ £  60.  0.  0 

Total  of  Real  Estate  £10461.13.  6 

Held  by  Grant  from  the  Province 

Personal  Estate  Confiscated 
119   Head  of  Horned  Cattle  whereof  70 

were  full  grown  the  remainder  young 

Cattle  @£3 357.  0.  0 

60  Sheep 6/18 

13  Horses  young  and  old  .  .  71  91 
A  Negro  man  Servant  ....  50 
Husbandry  Tools  of  all  Sorts  .  50 
three  Carriages  ......  40  606.  0.  0 

[Supposed  Sterling]  £11067.13.  6 

His  annual  Income  as  Judge  of  the  Pro- 
bate of  Wills  &c  for  the  County  of 
Worcester  £25  nine  Year  is  ...  225.  0.  0 
His  annual  Income  from  his  Store  of  Mer- 
chandise carryed  on  with  his  Stock 
in  Partnership  with  his  son  Clark 
Chandler  at  Least  £350  p  Annum 
nine  year  is  3150.  0.  0 

£3375.  0.  0 


APPENDIX  231 

The  Debts  due  to  him  in  America  he  Supposes  are 
Secured  by  the  Treaty  of  peace  between  Great  Brittain 
and  that  Country.  Therefore  does  not  mention  them  — 

Memorandum  the  following  tracts  of  Land  part  of  his 

Estate  he  has  as  yet  no  evidence  of  being  Confiscated, 

viz* 

In  Murraysfield  In  the  County  of  Hampshire 

Lotts  N°  17,  28,  32,  39  each  one  Hundred  » 

acres  —  also  fifty  acres  of  the  west  end  of 

Lott  N°  10  in  the  Same  Town  in  the  whole      450  acres 

In  Athol  in  the  County  of  Worcester  a  tract 
Containing 100 

In  Royalstone  in  the  same  County  Lott  N°  8 
Containing 200 

One  half  of  the  Lott  N°  54  in  the  Same  Town 
one  half  is 100 

One  Quarter  of  a  tract  of  Land  Containing 
928  acres  as  it  Lyes  in  Common  and  undi- 
vided with  Isaac  Royal  James  Otis  and 
Caleb  Dana  Situated  between  Leominster 
and  Westminster  in  the  same  County  a 
Quarter  is 232 

Witnesses  to  his  Loyalty 

Harrison  Gray  EsqF  late  Treasurer  of  the  Province  of 
the  Massachusetts  Bay  N°  27  Rathbone  place 

James  Putnam  EsqF  late  Attorney  General  for  said  Pro- 
vince N°  2  Little  Titchfield  Street  Cavindish  Square 

John  Murray  EsqF  Cowbridge  Glamorganshire  and  Abi- 
jah  Willard  EsqT  N°  81  Charlotte  Street  Portland 
Chappie  both  members  of  his  majestys  late  Council 
for  the  Same  Province  and  Joshua  Upham  EsqF  late 
aid  de  Camp  to  General  S?  Guy  Carlton  N°  7  Titch- 
field Street  Oxford  Market  — 

Witnesses  to  his  Losses 


232  THE  CHANDLER  CONFISCATION 

the  aforenamed  James  Putnam,  John  Murray,  Abijah 
Willard  and  Joshua  Upham  Esq1? 

Also  John  Walker  EsqF  late  a  Cap*  in  his  Majestys  Ser- 
vice Lewisham  Kent 

(Endorsed) 

N°443 

[COMPENSATION] 

John  Chandler  N°  2 
Little  Titchfield  Street 
Memorial  and  Schedule 

N°  10  North  Street 
Tottenham  Court  Road 

received  11th  Feby  1784 


[Number  54.] 

To  the  Honorable  the  Commissioners 
appointed  by  act  of  Parliament  for  inquiring  into  the 
Losses  and  Services  of  the  American  Loyalists. 

John  Chandler  late  of  Worcester  in  the 
Province  of  the  Massachusetts  Bay  Esq* 
Prays  to  be  allowed  to  Correct  the  following  errors 
in  his  Schedule  annexed  to  his  memorial  of  the  ninth  of 
February  Last  viz? 

Lott  N°  15  Containing  one  Hundred  acres  part  of  the 
farm  in  Murraysfield  Containing  four  Hundred  acres 
he  held  by  Deed  from  John  Hannum  —  see  the  deed 
Lot  N°  56  in  said  Murraysfield  in  the  first  division  he 

held  by  Deed  from  the  Proprietors,     see  the  deed 
In  the  memorandum  of  said  Schedule  N°  17  Should  have 
been  N°  95  said  Lott  N°  17  having  been  formerly 
Sold. 

he  also  Prays  for  Leave  to  add  to  his  said  Schedule 
the  annual  value  of  his  Real  Estate  viz* 


APPENDIX  233 


£50.  0.  0 

105.  -  - 

10.  -  - 

7.  -.  -. 

52.  -.  -. 

75   -.  -. 

45   -  -. 

12   -.  - 

3.  -  - 

20   -.  - 


£379   0.  0 

out  of  the  above  Sums  was  allowed  to  his  late  wife  Mary 
Chandler  the  Income  of  the  Estates 

N°l    .    .    .    .  ,£50 

5  ....  10 

6  ....  7 
9    ....  75 

a  Pew  in  the  meeting  House 1 

£143 

deduct  the  allowance  made  his  said  late  wife 
for  her  Support  during  her  natural  life 
there  remains  £236  p  annum  for  nine 

Year  is £2124.  0.  0 

Eeal  &  Personal  Estate  Confiscated       .     .     11067.13.  6 

his  Income  of  office 225.  -.  - 

his  Loss  in  Trade 3150    -   - 

Total    16566.13.  6 
his  wife  dyed  the  10th  of  Sep*  Last. 

All  which  is  Humbly  Submitted 

JOHN  CHANDLER 

N?  2  Little  Titchfield  Street 

Cavandish  Square 
March  15 :  1784 


234  THE  CHANDLER  CONFISCATION 

He  prays  leave  to  add  as  a  Witness  to  his  Losses  Mr 
Ebenezer  Cutler  Merchant  N°  393  Oxford  Street 

(Endorsed) 

N'443 

John  Chandler 
Supplement  to  his 
Schedule 
Copies 

[Number  55.] 


[Three  VI  pence  Government  Stamps.] 


I  James  Putnam  late  of  "Worcester  in  the  Massachusetts 
Bay  designing  quickly  to  embark  for  Nova  Scotia  and 
New  Brunswick  and  being  requested  by  John  Chandler 
Esquire  late  of  said  Worcester  to  testify  and  say  what  I 
know  of  his  Loyalty,  services  and  losses  by  means  of  the 
late  Rebellion  in  America ;  to  be  used  on  his  Examination 
before  the  Commissioners  appointed  by  Act  of  Parliament 
for  inquiring  into  the  losses  and  services  of  the  American 
Loyalists  on  his  Memorial  &c.  for  compensation. 

Do  testify  and  declare  I  have  known  the  said  Chandler 
for  more  than  Thirty  Years  last  past  and  that  he  sus- 
tained various  offices  of  profit  and  trust  under  government 
in  that  province  where  he  lived,  at  different  times  was  a 
Justice  of  the  Peace,  Sheriff  of  the  County  of  Worcester, 
Judge  of  the  Probate  of  Wills  &°,  Colonel  of  a  Eegiment 
of  Militia  frequently  Representative  of  the  Town  in  the 
general  Assembly  and  some  Years  a  Member  of  the  Coun- 
cil for  the  Province,  in  all  which  offices  he  conducted  with 


APPENDIX  235 

propriety  and  approbation  and  his  Loyalty  I  never  heard 
questioned,  and  I  know  from  the  commencement  of  the 
troubles  between  Great  Britain  and  America  he  was 
always  firm  for  the  support  and  establishment  of  the 
British  Government  That  he  opposed  their  illegal  resolves 
&?  in  the  Town  Meetings  and  resisted  as  much  as  he 
could  all  the  combinations  and  Violences  among  the  Peo- 
ple and  finally  to  manifest  to  every  Body  his  total  dis- 
approbation of  the  conspiracies  &°.  forming  against  the 
British  constitution  there,  Some  time  in  June  One  thou- 
sand seven  hundred  and  seventy  four  he  signed  a  Protest 
with  above  fifty  other  of  the  most  respectable  Inhabitants 
of  Worcester  which  was  published  in  the  News  papers 
and  recorded  in  the  Records  of  the  Town,  and  that  soon 
after  the  rage  of  the  people  encreased  so  fast  that  it  was 
unsafe  for  any  person  of  any  Consequence  who  had  op- 
posed their  Violent  measures  to  live  among  them  and  on 
that  account  it  was,  as  he  always  sayed,  and  which  I  fully 
believe  to  be  true,  that  Colonel  Chandler  left  most  of  his 
Family  and  Estate  at  Worcester,  came  into  Boston  was 
there  during  the  blockade,  and  at  the  evacuation  went 
with  the  Troops  to  Halifax. 

He  was  possessed  of  a  very  good  Estate  real  and  per- 
sonal sayed  to  be  and  I  believe  from  what  I  know  of  it 
was  one  of  the  best  in  the  County  I  know  he  had  a  large 
and  valuable  Stock  of  Cattle  and  all  Implements  of  Hus- 
bandry &°.  in  abundance,  and  during  the  greatest  part  of 
the  time  I  knew  him  he  was  carrying  on  a  considerable 
Trade  in  English  Goods  &c.  apparently  to  great  profit. 

I  knew  his  Dwellinghouse  Outhouses  &°.  belonging  to 
it.  It  was  a  large  good  House,  well  finished  and  in  my 
opinion  including  all  the  Buildings  which  were  many  and 
valuable  was  worth  Eight  hundred  pounds. 

His  Farm  down  in  Town  near  the  Court  house  sayed  to 
contain  about  two  hundred  acres  I  know  very  well  and 


236  THE  CHANDLER  CONFISCATION 

considering  its  situation  &c.  being  near  the  middle  of  the 
Town  well  fenced  and  a  great  proportion  of  it  under  good 
improvement  I  think  was  worth  Six  pounds  per  Acre 
exclusive  of  the  Buildings  which  were  good  and  particu- 
larly a  very  good  new  House  then  lately  built  and  com- 
pleatly  finished  which  with  the  other  Buildings  and 
Gardens  I  think  were  worth  Eight  hundred  pounds. 

His  Farm  Uptown  said  to  contain  Two  hundred  and 
fifty  acres  with  the  Buildings  &c.  thereon  I  knew  also  very 
well  a  great  proportion  of  it  was  very  good  Land  all  well 
fenced  with  Stone  wall  the  greatest  part  under  good  Im- 
provement the  Land  was  worth  at  least  Five  pounds  per 
acre  and  the  Building  about  Three  hundred  pounds. 

I  know  the  Farm  called  the  Mill  Farm  sayed  to  contain 
one  hundred  and  eighty  acres  the  House  and  Barn  corn 
and  Bolting  Mills  —  the  Lands  I  think  were  worth  Four 
pounds  per  Acre  the  Mills  standing  on  a  good  and  con- 
stant stream  and  having  a  great  supply  of  custom  I  think 
were  very  valuable,  and  in  my  opinion  would  clear  One 
hundred  and  fifty  pounds  per  Annum. 

The  seventeen  Acres  of  Woodland  sayed  to  be  by 
Charles  Adam's  I  did  not  know  particularly  but  was  well 
acquainted  with  all  the  Lands  near  and  about  the  place 
and  such  Lands  I  think  worth  Four  pounds  per  Acre. 

I  knew  his  Cedar  Swamp  and  that  it  was  as  full  of  good 
cedar  Timber  as  it  could  well  grow  and  I  know  that  Cedar 
was  esteemed  very  valuable  Timber  and  sold  for  a  good 
price.. 

I  knew  the  Land  sayed  to  contain  Seventy  acres  at 
Tatnick  in  Worcester  called  Pasture  Land  and  I  think  it 
was  worth  Five  pounds  per  Acre. 

I  knew  the  other  pasture  Land  in  the  same  part  of  the 
Town  sayed  to  be  Twenty  six  acres  it  was  very  good  Land 
and  worth  Five  pounds  ten  shillings  per  Acre  at  least. 

The  Forty  acres  as  it  is  called  divided  from  the  Up- 


APPENDIX  237 

town  Farm  by  the  Road  I  knew  also  and  Value  that  at 
Five  pounds  per  Acre. 

I  knew  well  his  Farm  in  Worcester  and  Leicester  called 
the  Chestnut  hill  Farm,  sayed  to  contain  about  Three 
hundred  acres  and  the  dwellinghouse  and  Barn  thereon 
which  were  good  and  almost  new  the  Lands  well  fenced 
the  greatest  part  under  very  good  improvement  was  es- 
teemed to  be  very  good  Land  and  a  Valuable  Farm  and 
including  every  thing  I  think  was  worth  Fifteen  hundred 
pounds. 

The  Two  thirds  of  a  Farm  that  he  owned  in  Charlton  I 
did  not  know  much  about  I  have  passed  over  it  many 
years  ago  and  remember  the  Land  appeared  to  be  very 
good,  and  I  have  often  heard  it  say'd  it  was  a  very  good 
Farm. 

I  know  he  had  several  Pews  in  Worcester  Meeting 
house  in  good  situations  and  supposed  to  be  worth  as  much 
as  any  in  the  House. 

As  to  his  Lands  in  Murray  Field  I  know  nothing  but 
by  common  report,  neither  do  I  know  his  Lands  particu- 
larly in  Royal  Stone  though  I  have  been  in  the  Town. 
But  can  say  he  was  reputed  to  be  a  large  Proprietor  in 
each  Town  and  the  Lands  in  Murray  Field  were  reputed 
to  be  very  Valuable. 

I  am  of  Opinion  his  real  Estate  in  Worcester  including 
the  profits  of  his  Mills  &c.  was  worth  at  least  Four  hun- 
dred and  fifty  pounds  per  Annum  and  this  as  well  as  the 
value  of  every  Article  mentioned  in  the  aforegoing  Depo- 
sition is  made  and  to  be  understood  to  be  in  Sterling 
Money.  JAMES  PUTNAM 

Sworn  before  the  Commissioners  of  ") 
American  Claims  at  their  Office  in  V 
Lincolns  Inn  Fields  Aug*  14*h  1784  j 
CHARLES  MONKO 

Ass*.  Secretary 


238  THE  CHANDLER  CONFISCATION 

(Endorsed) 

443 
James  Putnam's 

Affid! 

in  Support  of 
John  C banders 
Claim 

[Number  56.] 


[Three  VI  pence  Government  Stamps.] 


I  Joshua  Upham  late  of  Brookfield  in  the  County  of 
Worcester  in  the  late  Province  of  Massachusetts'  Bay 
designing  quickly  to  embark  for  Nova  Scotia  and  New 
Brunswick  being  requested  by  John  Chandler  formerly 
of  Worcester  in  the  County  of  Worcester  aforesaid  Es- 
quire to  testify  what  I  know  of  his  former  situation  in 
Life  his  Loyalty  and  Attachment  to  the  British  Gov- 
ernment and  the  Losses  he  has  suffered  in  his  Rights 
Property  &c  in  Consequence  thereof  to  be  used  on  his 
Examination  before  the  Commissioners  appointed  bu  Act 
of  Parliament  for  inquiring  into  the  Losses  and  Services 
of  the  American  Loyalists,  on  his  Memorial  for  Compen- 
sation—  being  sworn  on  the  Holy  Evangelists  of  Al- 
mighty God  do  depose  and  say 

That  I  have  for  many  Years  been  well  acquainted  with 
the  said  John  Chandler  that  I  resided  during  the  whole 
of  my  Life  before  the  American  War  in  the  same  County 
with  him  and  know  that  he  for  many  Years  represented 
the  Town  of  Worcester  in  the  General  Court  of  the  Pro- 


APPENDIX  239 

vince  and  was  afterwards  annually  for  several  years 
elected  a  Member  of  his  Majesty's  Council  and  always 
approved  by  the  Governor 

that  he  held  and  executed  with  Reputation  the  office  of 
High  Sheriff  for  that  County  by  Appointment  from  the 
Governor  —  That  he  succeeded  his  Father  in  the  office 
of  Judge  of  Probate  of  Wills  &c  for  the  County  which 
he  continued  to  execute  until  the  Commencement  of  the 
War  —  he  had  also  for  many  years  commanded  by  Com- 
mission from  the  Governor  a  Regiment  of  Militia,  and 
was  from  the  first  of  my  Acquaintance  with  him  a  Justice 
of  the  Court  of  General  Sessions  of  the  Peace  for  the 
same  County,  he  has  been  uniform  in  his  Attachment  to 
his  Majesty's  Government  and  openly  on  all  Occasions 
opposed  the  Kings  Enemies  in  the  first  Stages  of  the 
American  Usurpation  for  which  he  was  often  insulted  and 
particularly  in  the  Year  one  thousand  seven  Hundred  and 
seventy  Four  when  about  Five  Thousand  People  assembled 
in  Worcester  to  prevent  the  Sitting  of  the  Court  of  Com- 
mon Pleas  and  to  put  a  Stop  to  the  Administration  of 
his  Majestys  Government  —  at  that  time  I  saw  M*  Chan- 
dler with  some  few  other  Gentlemen  of  the  same  Town 
led  in  Triumph  thro'  the  general  Mob,  and  compell'd  to 
submit  to  the  Insolence  and  Humiliating  Terms  of  vio- 
lent distracted  men  —  soon  after  which  It  became  neces- 
sary for  him  to  quit  his  Estate  and  Family  and  put 
himself  under  the  Protection  of  the  Kings  Troops  then 
at  Boston  —  M.T.  Chandler  was  one  of  the  first  Families 
in  that  County  —  of  fair  Character  and  was  possessed  at 
the  Commencement  of  Hostilities  of  a  very  large  Landed 
Estate  —  some  parts  of  which  I  have  often  seen  and 
venture  to  estimate  as  follows  viz* 

% 

A  small  Tract  of  Land  in  the  Center  of  the  Town  of 
Worcester  with  the  Buildings  including  his  Dwelling 
house  Store  Barns  &c  the  Land  used  as  a  Garden  and 


240  THE  CHANDLER  CONFISCATION 

Yard  about  the  Buildings  worth  at  least  Eight  Hundred 
Pounds  — 

A  Farm  called  Colonel  Chandlers  Uptown  Farm  In- 
cluding the  Buildings  cannot  be  worth  less  than  Five 
Pounds  an  Acre  —  The  tract  of  Land  divided  from  the 
above  Farm  by  a  Town  Road  being  a  Wood  Lot  and  hav- 
ing an  Orchard  on  it,  if  taken  with  the  Farm  is  worth 
the  same  Sum  by  the  Acre 

A  Farm  called  Colonel  Chandler's  Down  Town  Farm  with 
a  large  Dwelling  House  compleatly  finished  and  the  other 
Buildings  thereon  worth  at  least  Two  Thousand  Pounds  — 

A  Farm  partly  in  Worcester  and  partly  in  Leicester 
called  the  Chestnut  Hill  Farm  with  the  Buildings  worth 
at  least  Four  Pounds  Ten  Shillings  an  Acre 

The  above  Farms  were  when  Mr.  Chandler  left  them 
in  good  repair  well  fenced  chiefly  with  stone  Wall  —  all 
Situated  in  and  very  near  the  Town  of  Worcester,  the 
Principal  Town  in  the  County  of  Worcester —  I  know 
Mf  Chandler  owned  part  of  the  Town  of  Murrayfield, 
being  a  Proprietor  of  that  Town  with  my  Father  in  Law 
Colonel  Murray  —  but  as  I  never  saw  his  Lands  there 
I  cannot  testify  to  the  value 

And  I  the  Deponent  do  further  depose  and  say  that  in 
the  aforegoing  Valuation  and  Appraisement  I  have  been 
governed  by  the  prises  at  which  I  think  all  the  Estates 
aforesaid  would  have  sold  for  in  Gold  or  Silver  Money  in 
the  Year  one  thousand  seven  Hundred  and  seventy  Four 
and  that  the  said  Valuation  and  Appraisement  is  made  in 
Sterling  Money  of  Great  Britain  without  favour  or  partial- 
ity and  according  to  my  best  Knowledge  and  Ability  — 

J.  UPHAM 

Sworn  before  the  Commissioners     ^| 
of  American  Claims  at  their  office   V 
in  Lincolns  Fields,  Aug*  17*  1784  J 

CHAKLES  MOKRO 

Ass?  Secretary  — 


APPENDIX  241 

(Endorsed) 

443 

Joshua  Uphams  Affidavit 
on  John  Chandlers  Claim 

[Number  67.] 


[Three  VI  pence  Government  Stamps.] 


I  Abijah  Willard  formerly  of  Lancaster  in  the  County  of 
Worcester,  in  the  Province  of  the  Massachusetts  Bay  in 
North  America,  Esquire,  having  determined  to  embark 
for  the  Province  of  Nova  Scotia  by  the  first  opportunity, 
being  requested  by  John  Chandler  formerly  of  Worcester, 
in  the  County  of  Worcester,  aforesaid  Esquire,  to  Testify 
to  The  Commissioners  appointed  by  act  of  Parliament  for 
inquiring  into  the  losses  and  services  of  the  American 
Loyalists,  What  I  know  of  his  former  situation  in  life, 
his  loyalty,  and  attachment  to  the  British  government,  and 
the  Losses  he  has  suffered  in  his  Eights  Property  &c. 
In  Consequence  thereof,  being  Sworn  on  the  Holy  Evan- 
gelists of  Almighty  God,  do  depose  and  say  — 

—  That  I  have  been  well  acquainted  with  the  said  John 
Chandler  for  more  than  forty  years,  that  during  this 
period  he  was  high  Sheriff  of  said  County  of  Worcester, 
Judge  of  the  Probate  of  Wills  &c,  Colonel  of  the  Militia, 
a  Justice  of  the  Peace  througout  the  Province,  a  repre- 
sentative in  the  general  assembly,  and  a  member  of  His 
Majestys  Council,  He  was  allways  esteemed  a  faithful 
Subject  to  his  Majesty,  and  firmly  attached  to  the  British 


242  THE  CHANDLER  CONFISCATION 

government,  and  on  every  occasion  took  an  open,  and 
active  part,  in  opposing  the  Popular  proceedings  which 
brought  on  the  late  American  War,  and  I  know  that  by 
such  his  general  conduct,  and  perticalarly  by  Signing  a 
Publick  Protest  against  those  proceedings,  he  rendered 
himself  so  obnoxious,  as  made  it  necessary  for  him  some- 
time the  latter  end  of  the  year  1774  to  leave  his  family, 
and  remove  for  safety  to  the  Town  of  Boston,  then  in 
possesion  of  His  Majestys  Troops ;  I  remember  that  while 
in  Boston  the  said  John  Chandler  inrolled  himself  in  a 
Company  of  associated  Loyalists,  and  cheerfully  did 
military  duty  for  the  defence  of  that  Town.  —  I  know  the 
said  John  Chandlers  Estate  situated  near  the  meeting 
house  in  said  "Worcester,  supposed  to  contain  about  one 
Acre  and  three  quarters  of  Land,  there  was  a  large  well 
built  dwelling  House,  two  large  Barns,  a  Stable,  a  Grain- 
ery,  a  Chaise  house,  one  half  of  a  large  Store  house,  and 
sundry  other  buildings  on  the  same,  I  believe  it  would 
have  Rented  for  fifty  pounds  a  year,  and  was  well  worth 
One  Thousand  Pounds. 

I  have  a  general  knowledge  of  the  said  John  Chandlers 
Estate  called  the  Mill  farm,  situated  in  said  Worcester 
on  the  road  leading  to  Sutton,  said  to  contain  about  One 
Hundred,  and  eighty  eight  acres  of  good  land,  well  fenced 
with  stone  wall,  with  a  large  dwelling  house,  a  good  Barn, 
two  Corn  Mills,  and  a  Boulting  Mill,  standing  on  Black- 
stone  River,  which  I  have  ever  understood  was  the  most 
valuable  streem  in  that  part  of  the  country,  there  being  a 
sufficiency  of  water  for  grinding  at  any  time  in  the  year. 
It  is  my  opinion  that  this  estate  was  very  profitable,  and 
would  have  rented  for  One  Hundred  pounds  a  year,  and 
was  worth  Two  Thousand  pounds. 

I  know  the  said  John  Chandlers  estate  in  said  Worces- 
ter called  the  Uptown  farm,  said  to  contain  about  Two 
hundred  and  fifty  six  acres,  he  had  here  a  large  farm 


APPENDIX  243 

House,  two  large  Barns,  and  a  pretty  artificial  fish  pond, 
this  estate  is  very  pleasantly  situated  within  a  quarter  of 
a  mile  of  the  meeting  house,  the  land  was  very  good,  and 
fenced  with  stone  wall,  I  think  it  would  have  rented  for 
fifty  pounds  a  year  ;  and  was  worth  Fifteen  Hundred,  and 
thirty  six  pounds. 

I  am  acquainted  with  about  forty  acres  of  Land  be- 
longing to  the  said  John  Chandler,  devided  from  the  last 
mentioned  estate  by  a  Town  road,  where  he  had  a  large 
young  Orchard,  well  fenced  with  stone  wall,  the  remainder 
valuable  wood  Land,  I  think  this  Tract  of  Land  was  worth 
One  Hundred  and  sixty  pounds. 

I  am  well  acquainted  with  the  said  John  Chandlers 
Estate  in  said  Worcester,  called  the  Down  Town  farm,  I 
suppose  it  contained  about  Two  hundred  acres  of  very 
Valuable  Land,  under  the  best  improvement,  and  fenced 
with  stone  wall,  here  was  a  large  handsome  new  dwelling 
house,  (I  believe  as  well  built  as  any  in  the  County)  two 
Barns,  a  Grainery,  with  sundry  other  valuable  buildings, 
and  two  spacious  Gardens,  this  estate  was  situated  in  the 
most  desirable  part  of  the  Town,  near  the  Court  House,  I 
believe  it  would  have  rented  for  Seventy  five  pounds  a 
year,  and  was  worth  Two  Thousand  pounds. 

I  also  know  the  said  John  Chandlers  Estate  situated 
partly  in  Worcester,  and  partly  in  Leicester  called  Chesnut 
Hill-farm,  said  to  contain  about  Three  Hundred  and  twenty 
acres,  there  was  a  large  farm  House,  a  Barn,  a  Cyder 
mill  house,  and  a  very  valuable  Orchard  on  the  same,  the 
Land  is  very  good,  and  was  well  improved,  I  suppose 
this  Estate  would  have  rented  for  Fifty  pounds  a  year, 
and  was  worth  Twelve  Hundred,  and  ninety  two  pounds. 

I  have  frequently  been  in  Worcester  Meeting  house, 
and  think  the  said  John  Chandlers  Pews  there,  would 
have  sold  for  thirty  pounds  each. 

I  have  often  been  in  the  Town  of  Royalston  in  said 


244  THE  CHANDLER  CONFISCATION 

County  of  Worcester,  where  I  allways  understood  the 
said  John  Chandler  owned  Large  Tracts  of  Land,  but  I 
have  no  perticalar  knowledge  of  his  Lands  there,  however 
from  my  general  knowledge  of  Royalston,  and  the  Country 
adjoining,  I  think  that  unimproved  Lands  there  on  an 
average  are  worth  Ten  shillings  an  Acre. 

I  am  well  acquainted  with  said  John  Chandler's  Farm 
in  Murrayfield,  in  the  County  of  Hampshire,  in  said 
Province  of  Massachusetts  Bay,  containing  about  Four 
Hundred  acres  of  very  good  Land,  I  believe  about  One 
Hundred  and  fifty  acres  were  under  improvement,  there 
was  a  good  Farm  house,  a  large  Barn,  a  valuable  Saw 
mill,  and  an  Orchard  on  the  same,  I  think  it  would  have 
rented  for  Twenty  five  pounds  a  Year,  and  was  worth 
Six  Hundred  pounds. 

I  am  also  well  acquainted  with  the  said  John  Chandlers, 
other  Lands  in  said  Murrayfield,  and  also  his  Lands  in 
Norwich  in  the  same  County,  which  together  with  his 
share  of  the  additional  grant  to  the  Proprieters  of  said 
Murrayfield,  I  think  on  an  average  were  worth  Twelve 
shillings  an  acre,  Except  his  share  of  the  undevided  lands 
in  the  two  last  mentioned  Towns,  which  I  think  were 
worth  only  Three  shillings  an  Acre. 

And  the  Deponent  further  says,  That  the  said  John 
Chandler  was  allways  supposed  to  be,  and  he  verily  be- 
lieves was,  possessed  of  a  very  ample  Independant  fortune, 
and  that  this  Valuation  and  appraisement  is  made  in  Ster- 
ling money  of  Great  Britain,  without  favor  or  partiality, 
and  according  to  his  best  knowledge  and  ability. 

ABIJAH  WILLABD 

Sworn  before  the  Commissioners  ) 

of  American  Claims  at  their  Office 
in  Lincoln's  Inn  Fields  July  19^  1784  ) 
JOHN  FORSTER 
Secretary 


APPENDIX  245 

(Endorsed) 

443 

Abijah  Willard's 

AS*. 

in  support  of 
John  Chandler's  Claim 

[Number  58.] 


[Three  VI  pence  Government  Stamps.] 


I  Ebenezer  Cutler  formerly  of  Groton  in  the  County  of 
Middesex  in  the  Province  of  Massachusetts  bay  in  North 
America  having  determined  to  embark  for  the  Province 
of  Nova  Scotia  by  the  first  opportunity  being  requested 
by  John  Chandler  formerly  of  Worcester  in  said  Province 
of  Massachusetts  Bay —  To  testify  to  the  Commissioners 
appointed  by  Act  of  Parliament  for  enquiring  into  the 
Losses  &  Services  of  the  American  Loyalists,  all  I  know 
of  his  former  situation  in  Life,  his  Loyalty  and  Attach- 
ment to  the  British  Government  and  the  Losses  he  has 
sustained  in  his  Property  in  consequence  thereof  ;  Being 
sworn  on  the  holy  Evangilists  of  Almighty  God,  Do 
depose  &  say  —  that  I  have  known  the  said  John  Chan- 
dler more  than  twenty  Years,  during  which  Time  he  has 
held  many  respectable  offices  of  Trust  under  his  Majestys 
Government  and  was  always  esteemed  a  faithfull  Subject 
to  his  Majesty  and  uniformly  attached  to  the  British  Gov- 
ernment and  always  opposed  the  measures  that  bro't  on 
the  late  American  War,  I  remember  he  signed  a  public 
Protest  against  those  Measures,  which  was  published  in 


246  THE  CHANDLER  CONFISCATION 

the  News  Papers  that  circulated  through  America  & 
thereby  rendered  himself  so  obnoxious  to  the  Kings  Ene- 
mies, that  before  the  nineteenth  day  of  April  1775,  he 
was  compelled  to  leave  his  Family  and  remove  for  safety 
to  the  Town  of  Boston  then  in  Possession  of  his  Majestys 
Troops  and  I  recollect  that  he  remained  within  the  British 
Lines  during  the  Blockade  of  that  Place  &  that  he  went 
from  thence  with  the  Army  to  Halifax  —  And  I  the 
said  Ebenezer  Cutler  do  further  depose  and  say,  that  from 
some  time  in  the  Year  1763  until  sometime  in  the  Year 
1771,  I  lived  in  the  Towns  of  Northborough  &  Oxford 
in  the  County  of  Worcester  aforesaid  about  ten  Miles 
distance  from  the  said  John  Chandlers  dwelling  house 
in  said  Worcester  and  thereby  became  well  acquainted 
with  his  real  Estate,  hereafter  discribed,  that  is  to  say,  — 
I  know  the  said  John  Chandlers  Homstead  situated  near 
the  Meeting  house  in  said  Worcester  supposed  to  contain 
about  one  Acre  &  three  quarters  of  Land,  there  was  a 
very  large  valuable  dwelling  house  two  Store  Houses,  a 
Stable,  two  large  Barns,  and  sundry  other  buildings  on 
the  same,  I  think  this  Estate  is  as  well  situated  for  busi- 
ness as  any  in  the  County  and  was  worth  eight  hundred 
pounds  —  I  also  know  the  said  John  Chandlers  Estate 
called  the  Mill  Farm  situated  in  Worcester  aforesaid  on 
the  Road  leading  to  Sutton,  said  to  contain  about  one 
hundred  &  eighty  eight  Acres  of  Land  well  improved, 
there  was  a  good  Dwelling  house  a  large  Barn,  two  very 
valuable  Corn  Mills  and  a  Bolting  Mill  on  the  same,  I 
believe  this  Estate  was  worth  sixteen  hundred  pounds  — 
I  also  know  the  said  John  Chandlers  Estate  situated  in 
said  Worcester  about  a  Quarter  of  a  Mile  from  the  Meet- 
ing house  called  the  uptown  Farm  supposed  to  contain 
about  two  hundred  &  fifty  six  Acres  of  Land  under  good 
Improvement,  there  was  a  large  Farm  house  &  two  large 
Barns  on  the  same  —  I  think  this  Estate  was  worth 


APPENDIX  247 

fourteen  hundred  Pounds  —  I  also  know  the  said  John 
Chandlers  Estate  in  said  Worcester  called  the  down  Town 
Farm  supposed  to  contain  about  two  hundred  acres  of 
very  valuable  Land,  with  a  very  hansome  new  Dwelling 
house,  two  Barns  and  sundry  other  Buildings  on  the 
same —  This  Estate  was  very  advantageously  situated 
near  the  Court  house  and  I  think  was  worth  two  thousand 
Pounds  —  I  also  know  the  said  John  Chandlers  Estate 
situated  partly  in  Worcester  aforesaid  &  partly  in  Leices- 
ter called  the  Chest  nut  hill  farm ;  said  to  contain  about 
three  hundred  and  twenty  Acres  of  Land,  there  was  a 
good  dwelling  house,  a  Barn  a  Cider  mill  house  and  a 
very  large  Orchard  on  the  same,  I  think  this  Estate  was 
worth  twelve  hundred  and  Eighty  pounds  — 

I  am  also  well  acquainted  with  an  Estate  situated  partly 
in  Charlton  &  partly  in  Oxford  in  the  County  of  Worces- 
ter aforesaid  supposed  to  contain  about  two  hundred 
Acres  of  very  valuable  Land  remarkably  well  watered ; 
there  was  an  old  Farm  house  a  good  Barn  and  an  Orchard 
on  the  same,  This  Estate  was  rented  to  a  Benjamin 
Rich,  I  also  understood  that,  it  belonged  to  the  said 
John  Chandler  and  Timothy  Paine  Esqr.8,  and  think  it 
was  worth  six  hundred  pounds 

And  I  the  SA.  Ebenezer  Cutler  do  further  depose  and 
say  that  the  said  John  Chandlers  Estates  before  mentioned 
were  all  under  good  Improvement  &  remarkably  well 
fenced  with  Stone  Wall,  and  that  the  said  John  Chandler 
was  always  reputed  to  be,  and  I  verily  believe  was  pos- 
sessed of  a  very  ample  independant  fortune  and  that  in 
the  aforegoing  Valuation  and  Appraisement  I  have  been 
governed  by  the  prices  at  wc.h  I  think  all  the  Estates  afore- 
said would  have  sold  for  in  Gold  or  Silver  money  on  or 
about  the  Nineteenth  day  of  April  1775,  or  shortly  pre- 
vious thereto,  and  that  the  said  Valuation  and  Appraise- 
ment is  made  in  sterling  money  of  Great  Britain  without 


248  THE  CHANDLER  CONFISCATION 

favor  or  partiality  and  according  to  my  best  Knowledge 
and  Ability. 

EBEN?  CUTLER 

Sworn  before  the  Commissioners  of  1 
American  Claims  at  their  office  Lin-  > 
coins  Inn  Fields  Aug*  18*  1784     J 
JOHN  FOESTEB 

Secretary 

(Endorsed) 

443 

Ebenezer  Cutlers  Affidavit 
in  John  Chandlers 
Clame 

[Number  69.] 


[Three  VI  pence  Government  Stamps.] 


I  Daniel  Murray  formerly  of  Rutland  in  the  County 
of  Worcester  in  the  Province  of  the  Massachusetts  Bay 
designing  quickly  to  embark  for  Nova  Scotia  and  New 
Brunswick  being  requested  by  John  Chandler  formerly  of 
Worcester  in  the  County  of  Worcester  aforesaid  Esquire 
To  testify  what  I  know  of  his  former  Situation  in  Life, 
his  Loyalty  and  Attachment  to  the  British  Government 
and  the  Losses  he  has  suffered  in  his  Rights  Property  &c 
in  Consequence  thereof  to  be  used  on  his  Examination 
before  the  Commissioners  appointed  by  Act  of  Parlia- 
ment for  inquiring  into  the  Losses  and  services  of  the 
American  Loyalists  on  his  Memorial  &c  for  Compensa- 
tion —  being  sworn  on  the  Holy  Evangelists  of  Almighty 


APPENDIX  249 

God  do  depose  and  say  that  I  have  known  the  said  John 
Chandler  more  than  Twenty  Years  last  past  during  which 
time  he  held  various  offices  of  Profit  and  Trust  under  his 
Majesty's  Government  and  was  always  reputed  to  be  a 
Loyal  faithful  Subject  to  his  Majesty  and  firmly  attached 
to  the  British  Government  I  know  he  always  opposed 
the  Measures  which  brought  on  the  American  Rebellion 
and  remember  that  by  reason  of  his  many  Exertions  for 
the  support  and  Maintenance  of  his  Majesty's  Govern- 
ment in  America  he  became  very  unpopular  and  sometime 
the  latter  End  of  the  Year  one  thousand  seven  Hundred 
and  Seventy  Four  was  obliged  to  leave  his  Family  and 
Estate  and  remove  for  safety  to  the  Town  of  Boston  then 
in  Possession  of  his  Majesty's  Troops. 

And  I  the  Deponent  do  further  depose  and  say  that  for 
more  than  Two  Years  shortly  previous  to  the  Commence- 
ment of  the  American  War  I  lived  in  the  Town  of 
Worcester  aforesaid  and  thereby  became  well  acquainted 
with  the  said  John  Chandler's  Keal  Estate  hereafter  de- 
scribed viz* 

About  one  Acre  and  three  quarters  of  Land  Situated 
near  the  Meeting  House  in  said  Worcester  there  was  a 
very  large  well  finished  Dwellinghouse  Two  Storehouses, 
Two  large  Barns,  a  stable  and  many  other  valuable 
Buildings  on  the  same  and  in  my  Opinion  was  well  worth 
Eight  Hundred  Pounds. 

I  also  know  his  Farm  in  Worcester  aforesaid  called  the 
Mill  Farm  said  to  contain  about  One  Hundred  and 
Eighty  Eight  Acres  there  was  a  large  Dwellinghouse  and 
Barn  and  two  very  profitable  Corn  Mills  on  the  same 
and  in  my  Opinion  was  worth  Two  Thousand  Pounds. 

I  also  know  his  Farm  in  said  Worcester  called  the  Up- 
town Farm  Situated  about  a  quarter  of  a  Mile  from  the 
Meeting  House  said  to  contain  about  Two  Hundred  and 
Fifty  Six  Acres  there  was  a  large  Farm  House  and  Two 


250  THE  CHANDLER  CONFISCATION 

Barnes  on  the  same  and  I  think  was  well  worth  Twelve 
Hundred  and  Eighty  Pounds. 

I  also  know  his  Farm  situated  near  the  Court  House 
in  said  Worcester  called  the  Down  Town  Farm  said  to 
contain  about  Two  Hundred  Acres  there  was  a  large  new 
Dwellinghouse  compleatly  finished  Two  Barnes  and  many 
other  valuable  Buildings  on  the  same  and  in  my  opinion 
was  worth  Two  Thousand  Pounds 

I  also  know  his  Farm  Situated  partly  in  Worcester 
aforesaid  and  partly  in  Leicester  called  the  Chestnut  Hill 
Farm  said  to  contain  about  Three  Hundred  and  Twenty 
Acres  there  was  a  good  new  Dwelling  House  a  Barn  a 
Cider  Mill  House  and  a  large  Orchard  on  the  same  and 
in  my  Opinion  was  worth  Twelve  Hundred  and  Eighty 
Pounds 

I  also  know  about  twenty  six  Acres  of  Land  which  the 
said  John  Chandler  owned  Situated  in  that  part  of  said 
Worcester  called  Tatnick  it  was  extraordinary  Pasture 
Land  and  well  worth  Five  pounds  Ten  Shillings  an  Acre 

And  I  the  Deponent  do  further  say  that  I  have  fre- 
quently been  in  Murray-Field  in  the  County  of  Hamp- 
shire in  the  Massachusetts  Bay  aforesaid  and  am  ac- 
quainted with  the  said  John  Chandler's  Farm  there  said 
to  contain  about  Four  Hundred  Acres  there  was  a  Farm- 
house a  large  Barn  a  Saw  Mill  and  an  Orchard  on  the  same 
and  in  my  Opinion  was  worth  seven  Hundred  Pounds. 

I  know  the  said  John  Chandler  was  a  Proprietor  in 
Murrayfield  aforesaid  and  in  Norwich  in  the  County  of 
Hampshire  aforesaid  and  that  he  owned  large  Tracts  of 
Land  there  and  I  think  that  unimproved  Land  in  said 
Murray-field  and  Norwich  was  on  an  Average  well  worth 
Ten  shillings  an  Acre 

And  I  the  Deponent  do  also  further  depose  and  say 
that  all  the  said  John  Chandlers  Estates  before  mentioned 
Situated  in  Worcester  and  Leicester  aforesaid  were  under 


APPENDIX  251 

good  Improvement  and  well  fenced  chiefly  with  Stone 
Wall,  and  the  said  John  Chandler  was  always  reputed  to 
be  and  I  verily  believe  he  was  possessed  of  a  very  large 
independant  Estate  and  that  in  the  aforegoing  Valuation 
and  Appraisement  I  have  been  governed  by  the  Prises  at 
which  I  think  all  the  Estates  aforesaid  would  have  sold 
for  in  Gold  or  silver  Money  in  the  Year  one  Thousand 
seven  Hundred  and  seventy  Four  and  that  the  said  valu- 
ation and  Appraisement  is  made  in  sterling  Money  of 
Great  Britain  without  Favour  or  partiality  and  according 
to  my  best  Knowledge  and  Ability. 

DAN?  MURRAY 

Sworn  before  the  Commissioners  of 
American  Claims  at  their  Office 
Lincoln's  Inn  Fields  August  17*? 
1784 

CHARLES  MONEO 

Ass^  Secretary 

(Endorsed) 

Daniel  Murray! 

affidavit  on  John  Chandlers 

Claim 

[Number  60.] 

At  a  Meeting  of  the  Inhabitants  of  the  Town  of  Worces- 
ter held  there  on  the  20th  Day  of  June  A  D  1774  persuant 
to  an  application  made  to  the  Select-Men  by  forty  three 
Voters  and  Freeholders  of  the  same  Town,  dated  the  20th 
Day  of  May  last,  therein  among  other  things  declaring 
their  Just  apprehensions  of  the  fatal  consequences  that 
may  follow  the  many  riotous,  &  seditious  actions  that 
have  of  late  times  been  done  and  perpetrated  in  divers 
places  within  the  Province  &c  the  Notes  and  proceedings 
of  which  Meeting  we  deem  irregular  and  Arbitrary.  — 


252  THE  CHANDLER  CONFISCATION 

Wherefore  we,  some  of  Us  who  were  petitioners  of  the 
said  Meeting  and  other  Inhabitants  of  the  Town  here- 
unto subscribing :  thinking  it  our  indispensible  Duty  in 
these  late  days  of  licentiousness  and  distraction,  in  these 
times  of  disorder  and  confusion  in  too  many  of  the  Towns 
within  this  Province,  to  bear  Testimony  in  the  most  open 
and  unreserv'd  manner,  against  all  riotous,  disorderly  and 
Seditious  practices ;  must  therefore  now  declare,  that  it  is 
with  the  deepest  concern  for  publick  peace  and  order,  that 
we  behold  so  many  who  we  used  to  Esteem  sober  peace- 
able Men ;  so  far  deceiv'd  deluded  and  led  astray :  by  the 
artful  crafty  and  insidious  practices  of  some  evil  minded 
and  ill  dispos'd  Persons  who  under  the  disguise  of  patri- 
otism, and  falsely  stiling  themselves  the  Friends  of  Lib- 
erty some  of  them  neglecting  their  own  business  an 
Occupations,  in  which  they  ought  to  be  employ'd  for  the 
Support  of  their  Families  spending  their  time  in  dis- 
coursing of  Matters  they  do  not  understand,  raising  and 
propogating  falsehoods  and  callumnies  of  those  Men  they 
look  upon  with  Envy,  and  on  whose  fall  and  ruin  they 
wish  to  rise,  intending  to  reduce  all  things  to  a  state  of 
tumult,  Disorder,  and  confusion.  And  in  persuance  of 
the  evil  purposes,  and  practices,  they  have  imposed  on 
the  understandings  of  some,  corrupted  the  principles  of 
Others,  and  distracted  the  minds  of  many,  who  under  the 
influence  of  this  delusion  have  been  tempted  to  act  a  part, 
that  may  prove,  and  has  already  prov'd  extremely  preju- 
dicial to  the  Province :  and  as  it  may  be  fatal  to  them- 
selves, bringing  into  real  danger,  and  in  many  instances, 
destroying  that  liberty  and  property  we  all  hold  so  Sacred, 
and  which  they  vainly  and  imperiously  boast  of  defending 
at  the  Expence  of  their  blood  and  treasure.  —  And  it 
appears  to  Us  that  many  in  this  Town  seem  to  be  led 
aside  by  strange  Oppinions,  and  are  prevented  comeing 
to  such  prudent  Votes  and  Resolutions,  as  might  be  for 


APPENDIX  253 

the  general  good,  and  the  advantage  of  this  Town  in  par- 
ticular, agreeable  to  the  request  of  the  petitioners  of  this 
Meeting —  And  as  the  Town  has  refus'd  to  dismiss  the 
Persons  stiling  themselves  the  Committee  of  Correspond- 
ence for  the  Town  and  has  also  refus'd  so  much  as  to  call 
on  them,  to  Return  an  Account  of  their  past  dark  and 
pernicious  proceedings  — 

We  therefore  whose  Names  are  hereunto  Subscrib'd  do 
each  of  Us  declare  and  protest  that  it  is  our  firm  opinion 
that  the  Commities  of  Correspondence  in  the  several 
Towns  of  this  Province,  being  Creatures  of  Modern 
invention,  and  constituded  as  they  be,  are  a  publick  greiv- 
ance  :  having  no  legal  foundation ;  Contriv'd  by  a  Junto 
to  serve  particular  Designs  and  purposes  of  their  own ; 
and  that  they,  as  they  have  been  and  are  now,  managed, 
in  this  Town  are  a  Nuisance;  and  we  fear  that  it  is 
in  a  great  Measure  owing  to  the  banefull  Influence  of 
such  Committies  that  the  Teas  of  Immence  Value  lately 
belonging  to  the  East  Company,  were  not  long  since, 
scandalously  destroyed  in  Boston;  and  that  many  other 
enormous  acts  of  Violence  and  Oppression  have  been  per- 
petrated, whereby  the  lives  of  many  honest  worthy  Men 
have  been  endanger'd  and  their  property  destroy'd.  — 
It  is  by  these  Committies  also  that  papers  have  been 
lately  Publish'd,  and  are  now  circulating  through  the 
Province  inviting  and  Wickedly  tempting  all  persons  to 
sign  them ;  fully  implying  if  not  expresly  Denouncing 
the  destruction  of  all  that  refuse  to  subscribe  their  unlaw- 
f  ull  Combinations,  tending  directly  to  sedition  civil  War 
and  Rebellion. 

These  and  all  such  enormities  we  detest  and  abhor, 
and  the  authors  of  them  we  esteem  Enemies  of  our  King 
and  Country,  Violators  of  all  Law  and  Civil  Liberty  ; 
Malevolent  Disturbers  of  the  Peace  of  Society  —  Sub- 


254 


THE  CHANDLER  CONFISCATION 


verters  of  the  Establish'd  Constitution  an  Enemies  of 
Mandkind.  — 

hii 

William  0  Elder. 


William  Campbell,       John  Chandler 


Daniel  Ward, 
John  Walker, 
Nath  Adams, 
Adam  Walker, 
Jacob  Stevens, 
Joshua  Johnson 
Isriel  Stevens 
Joseph  Clark 
Isaac  Barnerd 
Will?  Paine 
Thaddeus  Chamberlain 
John  Chamberlain 
Will?  Curtis 
Abel  Stowel 
Daniel  Goulding 
William  Chandler 


Sam!  Moore 
Jn?  Mower 
Joseph  Blair. 
Micah  Johnson, 
Edmund  Heard 
Tho1  Beard  Jun! 
Sam!  Mower 
Jacob  Camberlain 
Sam?  Bridge 
Andrew  Duncan 
James  Goodwin 
Clark  Chandler 
Isriel  Jennison 
Nanthan  Patch 
Sam!  Mower  Jun! 
Isaac  Moore 


James  Putnam, 
Gardiner  Chandler 
Daniel  Boyden 
Jn?  Curtis. 
Thos!  Baird. 
James  Hart. 
Elisha  Smith 
Tyrus  Rice 
Nahum  Willard 
Rufus  Chandler 
Palmer  Goulding 
David  Moore 
James  Heart  Jun! 
Cornelius  Stowell 
John  Phillip 
Sam!  Brooks 
Isaac  Willard 


Worcester  June  24  : 1774    A  True  Copy — 

Exmd  P  CLAKK  CHANDLEB  T  Clerk  — 

(Endorsed) 

A 

Worcester  Protest 
Copy 


[Number  61.] 

Commonwealth  of  Massachusetts. — 

To  all  whom  it  may  Concern. 

This  may  certify,  That  Joseph  Wheeler  Esqr 
is  Register  of  Probate  of  Wills  &c  within  & 
for  the  County  of  Worcester  in  this  Com- 
monwealth Joseph  Allen  Esqr  of  Worcester 
is  a  Clerk  of  the  Court  of  Common  Pleas  in 
&  for  said  County  And  Robert  Breck  EsqF  is 


APPENDIX  255 

a  Clerk  of  the  Court  of  Common  Pleas  in  & 
for  the  County  of  Hampshire  in  said  Com- 
monwealth —  And  that  full  Faith  &  Credit 
is  &  ought  to  be  given  to  their  several  Acts 
&  Attestations  as  on  the  annexed  Papers,  both 
in  &  out  of  Court. 

In  Testimony  whereof  I  have  caused  the  Public  Seal 
of  the  Commonwealth  of  Massachusetts  to  be  hereto 
affixed  this  Twenty  third  day  of  October  A?  D?  1783 
And  in  the  Eighth  Year  of  the  Independence  of  the 
United  States  of  America  — 

JOHN  HANCOCK 

By  His  Excellency's  Command  — 
JOHN  AVERT  Sec7 

[Number  62.] 

Worcester  ss  —  The  Commonwealth  of  Massachusetts 
To  the  Sheriff  or  Marshal  of  our  said  County 
of  Worcester,  his  Under  Sheriff  or  Deputy, 
Greeting.  — 

Whereas  We,  before  Our  Justices  of  Our  Inferiour 
Court  of  Common  Pleas,  holden  for  &  within  Our  County 
of  Worcester  aforesaid,  at  Worcester,  upon  the  second 
Tuesday  of  December  last,  by  adjournment  from  the  first 
Tuesday  of  the  same  Month,  by  a  resolve  of  the  Great  & 
General  Court,  by  the  Consideration  of  Our  said  Inferiour 
Court  recovered  Judgment  for  Our  Title  &  Possession  of 
&  in  the  several  tracts  or  lots  of  land  hereafter  described ; 
late  the  Estate  of  John  Chandler,  late  of  Worcester  afore- 
said, Esq'  an  Absentee,  agreeable  to  the  tenor  &  form,  & 
by  virtue  of  an  Act  of  the  Great  &  General  Court  intitled 
"  An  Act  for  confiscating  the  Estates  of  certain  Persons 
commonly  called  Absentees."  — 

Viz*  — 


256  THE  CHANDLER  CONFISCATION 

A  tract  of  land  lying  about  three  miles  Southwardly 
from  the  Meeting  house  in  Royalston,  containing  by  esti- 
mation two  hundred  acres,  being  lot  N?  26,  &  bounded 
Eastwardly  on  lot  N?  31.  Southwardly  partly  on  lot 
N°  25,  &  partly  on  lot  N°  22  Westwardly  on  lot  N° 
21.  Northwardly  partly  on  lot  N<?  20.  &  partly  on  lot  N? 
27.— 

Also  another  tract  of  land  situate  about  two  miles  & 
an  half  Southwardly  from  the  Meeting  house  in  Royalston 
aforesaid,  containing  by  estimation  two  hundred  acres, 
being  lot  N?  52.  &  bounded  as  follows ;  beginning  at  the 
Northwest  corner  of  the  same  by  a  stake  &  stones,  & 
then  running  South  on  Thomas  Fairweather's  land  to  a 
stake  &  stones  on  Athol  line ;  then  East  by  Athol  line 
to  a  stake  &  stones  on  land  of  the  heirs  of  Nahum 
Greene ;  then  North  by  said  Greene's  land  to  a  stake  & 
stones  on  Jonathan  Sibley's  land;  then  West  by  said 
Sibley's  land  to  a  stake  of  stones ;  then  North  on  said  Sib- 
ley's  land  to  a  stake  of  stones  on  Ebenezer  Elliot's  land ; 
then  West  by  said  Elliot's  land  to  the  bounds  first  men- 
tioned. 

Also  another  tract  of  land  lying  in  the  Northeasterly 
part  of  said  Royalston,  about  three  miles  &  an  half  from 
the  said  Meeting  house,  containing  by  estimation  two 
hundred  acres,  &  being  lot  N°  91.  &  bounded  as  follows. 
Beginning  at  the  Northwest  corner  of  said  tract  at  a  stake 
&  stones  on  the  old  Province  line ;  then  running  South  by 
lot  N?  89  &  lot  N?  88.  &  lot  N°  87  To  a  stake  &  stones 
on  land  of  Michael  French ;  then  turning  &  running  East 
by  said  French's  land  to  a  stake  &  stones ;  then  turning 
&  running  North  by  land  of  Francis  Chase  &  Jonas 
Thompson  to  the  State  line  to  a  stake  &  stones ;  then 
Westwardly  on  the  State  line  to  the  first  mentioned 
bounds.  — 

Also  another  tract  of  land  lying  on  the  Northeast  corner 


APPENDIX  257 

of  said  Royalston,  containing  by  estimation  two  hundred 
acres,  being  lot  N?  95.  &  bounded  as  follows  —  Begin- 
ning at  a  stake  &  stones  on  the  Northeast  corner  of 
Pierpoint's  farm,  then  running  North  on  land  of  John 
Hancock,  Esq ;  to  a  stake  &  stones  on  the  State  line ; 
then  Westwardly  on  the  State  line  to  a  stake  &  stones  to 
the  corner  of  lot  N?  94 ;  then  running  South  by  said  Lot 
to  a  stake  &  stones  on  Pierpoint's  farm ;  and  then  run- 
ning East  on  said  farm  to  the  first  mentioned  bounds.  — 

Also  another  tract  of  land  lying  in  a  place  called  Roy- 
alston  —  Leg,  being  lot  N?  103.  situate  North  from 
Winchendon  Meeting  house,  about  three  miles  &  an  half, 
containing  by  estimation  two  hundred  acres,  &  bounded 
as  follows,  viz*  —  Beginning  at  the  Southwest  corner  at  a 
stake  &  stones ;  then  running  East  on  Winchendon  North 
line  to  a  stake  &  stones,  then  turning  &  running  North 
by  lot  N?  104.  to  a  stake  &  stones  on  the  State  line ;  then 
running  West  on  the  State  line  to  a  stake  &  stones ;  then 
turning  &  running  South  by  lot  N°  102.  to  the  first  men- 
tioned bounds.  — 

Also  one  ninth  part  of  lot  N?  22.  containing  by  Estima- 
tion two  hundred  acres.  — 

Also  one  ninth  part  of  lot  N°  50.  containing  about 
ninety  acres.  — 

Also  one  ninth  part  of  Lot  N?  70  containing  by  estima- 
tion, two  hundred  acres  — 

All  the  abovesaid  tracts  of  land  lying  in  Royalston  in 
the  County  aforesaid,  &  bounded  as  above  respectively 
described  &  as  the  same  may  be  bounded,  plotted  &  re- 
corded in  the  Proprietors  book  of  Records  in  said  Royal- 
ston, with  all  the  privileges,  appurtenances  &  easements 
to  the  Several  tracts  or  lots  of  land  belonging.  As  to  Us 
hath  been  made  to  appear  of  Record.  — 

We  Command  you  therefore,  that,  without  delay, 
you  cause  Us  to  have  possession  of  &  in  the  before- 


258  THE  CHANDLER  CONFISCATION 

described  tracts  or  lots  of  land,  with  all  the  privileges, 
appurtenances  &  easements  to  the  same  belonging  — 

Hereof  fail  not,  &  make  return  of  this  Writ,  with  your 
doings  therein,  unto  Our  said  Inferiour  Court  of  Common 
Pleas,  to  be  holden  at  Worcester,  upon  the  last  Tuesday 
of  March  next.  — 

Witness  Artemas  Ward,  Esquire,  at  Worcester,  the  twenty 
fourth  day  of  January,  in  the  year  of  our  Lord  Seventeen 
hundred  &  eighty  one. 

Jos.  ALLEN,  Cler. 

Worcester  ss.  February  the  10*?  1781. 

By  Virtue  of  the  within  Writ,  I  have  delivered  Posses- 
sion of  the  lands,  tenements  &  hereditaments  within 
described,  to  Levi  Lincoln,  Esq ;  specially  impowered  & 
appointed  by  Robert  T.  Paine  Esq^  Attorney-General  of 
the  Commonwealth,  to  receive  the  same.  — 

JONATHAN  RICE,  D?  Sheriff. 

The  foregoing  is  a  true  Copy  of  the  original  on  file, 
examined  this  twentieth  day  of  October,  one  thousand 
seven  hundred  &  eighty  three. 

Attt  J.  ALLEN,  Cler. 

(Endorsed) 

Commomv  vs.  J  Chandler  Esq! 
Hab.  fac.  Poss"? 
Copy 


APPENDIX  259 

[Number  63.] 
Commonwealth  of  Massachusetts  — 

Hampshire  ss  At  the  Inferior  Court  of  Common  Pleas 
holden  at  Northampton  within  and  for  the 
County  of  Hampshire  on  the  second  Tuesday 
of  February  being  the  thirteenth  day  of  said 
month  &  from  day  to  day  to  the  Nineteenth 
Day  of  the  same  month  in  the  Year  of  our 
Lord  One  thousand  seven  hundred  &  eighty 
one 

Be  it  remembre'd  that  Robert  Treat  Paine  EsqF  Attorney 
General  for  the  Commonwealth  of  Massachusetts,  and  in ' 
their  behalf  complains  of  John  Chandler  late  of  Worces- 
ter in  the  County  of  Worcester  EsqF  and  gives  the  Court 
here  to  understand  and  be  informed  that  the  said  John 
Chandler  since  the  Nineteenth  day  of  April  in  the  Year 
of  our  Lord  One  thousand  seven  hundred  and  seventy 
five,  to  wit,  on  the  twentieth  day  of  the  same  April  being 
an  Inhabitant  and  Member  of  the  late  Province  now 
State  of  Massachusetts  Bay,  levied  War  and  conspired  to 
levy  War  against  the  Government  &  People  of  the  Pro- 
vince Colony  and  State  and  then  &  there  adhered  to  the 
King  of  Great  Britain  his  Fleets  and  Armies,  Enemies 
of  the  said  Province  Colony  &  State  and  then  &  there 
did  give  to  them  Aid  and  Comfort ;  and  the  said  John 
Chandler  EsqF  before  the  said  Nineteenth  day  of  April 
in  the  Year  of  our  Lord  One  thousand  seven  hundred 
and  seventy  five  and  after  the  Arrival  of  Thomas  Gage 
EsqF  Commander  in  Chief  of  all  his  Brittannic  Majesty's 
Forces  in  North  America  at  Boston  the  Metropolis  of  this 
State  Viz*  on  the  first  day  of  October  in  the  Year  of  our 
Lord  One  thousand  seven  hundred  and  seventy  four  did 
withdraw  from  Worcester  aforesaid  his  usual  Place  of 


260  THE  CHANDLER  CONFISCATION 

Habitation  within  this  State  into  the  said  Town  of  Bos- 
ton with  an  Intention  to  seek  &  obtain  the  Protection  of 
the  said  Thomas  Gage  and  of  the  Forces  then  &  there 
being  under  his  Command  —  And  the  said  John  Chan- 
dler since  the  said  nineteenth  day  of  April  Viz*  on  the 
thirtieth  day  of  March  in  the  Year  of  our  Lord  One 
thousand  seven  hundred  &  seventy  six  without  permission 
of  the  Legislative  or  Executive  Authority  of  this  or  any 
other  of  the  United  States  of  America  did  withdraw  him- 
self from  this  Province  Colony  and  State  into  Parts  and 
Places  under  the  acknowledged  Authority  and  Dominion 
of  the  said  King  of  Great  Brittain  and  into  Parts  and 
Places  within  the  Limits  of  some  of  the  said  Provinces 
Colonies  and  United  States  being  in  the  Actual  Posses- 
sion and  under  the  Power  of  the  Fleets  and  Armies  of 
the  said  King  Viz*  to  Halifax  in  the  Province  of  Nova 
Scotia  and  to  New  York  in  the  Province  Colony  &  State 
of  New  York,  and  the  said  John  Chandler  has  not  since 
returned  into  any  of  the  said  United  States  and  been 
received  as  a  Subject  —  And  the  said  John  Chandler  by 
means  of  all  &  singular  the  Offences  aforesaid  hath 
freely  renounced  all  civil  &  political  Relation  to  each  & 
every  of  the  said  United  States  and  hath  become  an 
Alein —  And  the  said  Attorney  General  further  al- 
ledges  that  the  said  John  Chandler  since  the  said  Nine- 
teenth Day  of  April  aforesaid  Viz*  on  the  twentieth  day 
of  the  same  April  was  seized  &  possessed  and  intituled 
to  be  seized  &  possessed  of  and  to  have  &  demand  to  his 
own  Use  the  following  Tracts  Lots  &  Parcells  of  Land 
situate  &  lying  in  the  County  of  Hampshire  aforesaid  — 
Viz*  The  Lots  numbred  Nine,  Thirteen,  Fourteen,  Fif- 
teen, Thirty  three,  Fifty  six,  Fifty  Nine,  Eighty  five, 
Eighty  six,  Ninety  seven,  Ninety  eight  &  One  hundred 
eleven,  containing  each  of  them  One  hundred  Acres,  and 
all  in  the  first  Division  of  Lots  in  the  Town  of  Murrays- 


APPENDIX  261 

field  in  the  same  County  —  Also  the  following  Lots  in 
the  second  Division  of  Lotts  in  said  Murraysfield  con- 
taining two  hundred  Acres  each  —  Viz*  the  Lots  num- 
ber'd  Twenty  One,  twenty  three,  twenty  four,  Twenty 
six,  Twenty  seven,  Thirty,  Thirty  One,  Thirty  three, 
Forty  six,  &  Two  hundred  —  Also  the  following  Lots  in 
the  third  Division  of  Lots  in  said  Murraysfield  Viz*  The 
Lot  number'd  Six  containing  One  hundred  &  five  Acres, 
the  Lot  number'd  Seven  containing  Ninety  five  Acres, 
the  Lot  number'd  Twenty  containing  One  hundred 
Acres  —  Also  three  Interval  Lots  so  called  in  the  same 
Division  containing  about  fifty  Acres  each  and  are 
marked  in  the  Plan  of  the  same  Town  O  P  Q.  —  Also 
the  Lot  number'd  One  containing  about  two  hundred 
Acres  lying  in  the  second  Division  of  Lands  in  Norwich 
in  the  same  County  and  fifty  four  Acres  and  One  hun- 
dred &  five  rods  on  the  West  End  of  Lot  number'd 
Sixty  four  in  the  same  Division  and  butted  easterly  on 
that  part  of  the  same  Lot  which  was  sold  by  Order  of 
Court —  Also  One  undivided  fifth  part  of  about  two 
thousand  Acres  of  Land  lying  in  said  Murraysfield  and 
is  bounded  westerly  on  Lot  N?  48  northerly  on  Lots 
N?  39  &  33.  Easterly  on  Lots  N?  29.  30.  85.  86.  &  87. 
Southerly  on  Interval  Lots  on  the  West  Branch  and  a 
small  part  between  Lots  N?  88,  6,  5  &  1.  &  John  Bol- 
tons  Grant  in  the  said  Town  of  Murraysfield  in  Common 
with  the  original  Proprietors  of  the  same  Town  —  Also 
One  undivided  fifth  part  of  the  Grant  of  Land  to  the 
same  Proprietors  in  Lieu  of  Ponds  and  Bridges  con- 
taining about  twelve  hundred  Acres  and  is  adjoining  to 
Cumington  in  Common  with  the  said  Proprietors,  with 
their  Appurtenances  to  him  the  said  John  Chandler  and 
his  Heirs  —  And  the  said  Attorney  General  further  al- 
ledges  that  by  Force  of  the  Premises  and  of  the  Law  of 
this  State  intituled  An  Act  for  confiscating  the  Estates 


262  THE   CHANDLER  CONFISCATION 

of  certain  Persons  commonly  called  Absentees,  the  above 
described  Lands  &  Appurtenances  ought  to  escheat  inure 
and  accrue  to  the  sole  Use  and  Benefit  of  the  Comon- 
wealth  aforesaid  and  they  accordingly  ought  to  be  in  Pos- 
session thereof 

Wherefore  the  said  Attorney  General  in  behalf  of  the 
Commonwealth  aforesaid  prays  the  Advice  of  the  Court 
here  in  the  Premises  and  due  Process  in  this  behalf  to  be 
made  — 

Whereupon  it  is  consider'd  &  order'd  that  the  foregoing 
Complaint  now  exhibited  by  Robert  Treat  Paine  EsqT 
Attorney  General  of  the  Commonwealth  of  Massachusetts 
be  continued  to  the  next  Term,  and  that  the  Clerk  of  this 
Court  do  cause  to  be  published  in  three  of  the  public 
Papers  a  Schedule  of  the  Lands  &c  set  forth  in  said 
Complaint  for  three  Weeks  successively  that  all  Persons 
claiming  said  Lands  or  any  part  thereof  may  enter  their 
said  Claims  at  the  next  Term  of  this  Court  the  third 
Tuesday  of  May  next  after  the  Second  Tuesday  of  Feb- 
ruary aforesaid  — 

At  which  Term  Robert  Treat  Paine  Esq^  Attorney 
General  for  the  Commonwealth  of  Massachusetts,  comes 
into  Court  further  to  prosecute  the  foregoing  Complaint, 
and  Proclamation  agreable  to  Law  being  now  made  to  all 
Persons  claiming  the  Lands  aforedescribed  to  enter  their 
Claims  &c  —  Thaddeus  Newton  of  Murrays  field  afore- 
said Yeoman  by  Simeon  Strong  Esqr*  his  Attorney  comes 
into  Court  and  claims  to  hold  in  Fee  the  Lot  number'd 
Nine  in  the  first  Division  in  said  Murrays  field  being 
One  of  the  Lots  of  Land  described  in  said  Complaint, 
and  the  Court  are  thereupon  pleased  to  order  that  said 
Complaint  be  further  continued  to  the  next  Term  the  last 
Tuesday  of  August  next  after  the  said  third  Tuesday  of 
May  aforesaid  — 

At  which  said  Term  the  said  Rob.  Treat  Paine  Esq* 


APPENDIX  263 

comes  here  on  behalf  of  the  Commonwealth  aforesaid 
further  to  prosecute  &c  But  Thaddeus  Newton  nor  any 
other  Person  appearing  at  this  Time  to  take  upon  himself 
the  Defence  of  this  Suit  —  Proclamation  is  therefore 
three  several  Times  made  to  all  Persons  claiming  the 
Estate  or  any  the  Lands  described  in  the  foregoing  Com- 
plaint either  in  their  own  Eight  or  on  the  part  and  behalf 
of  the  said  John  or  of  any  Person  whomsoever  to  come 
and  defend  the  same  Suit,  and  no  Person  appearing  to 
take  upon  him  the  Defence  of  this  Suit,  it  is  by  the  Court 
therefore  considered,  that  the  said  John  is  guilty  in  Man- 
ner as  in  the  said  Complaint  is  alledged  against  him  and 
that  the  Lands  described  in  the  said  Complaint  with  the 
Appurtenances  are  forfeited,  and  do  escheat  enure  and 
accrue  to  the  sole  Use  and  Benefit  of  the  Commonwealth 
of  Massachusetts 

Hampshire  ss  Oct*  18.  1783.     I  do  hereby  certify 

that  the  foregoing  is  a  true  Copy  of 

the  Record  — 

Atte  ROB  BRECK  Cler  — 

[Number  64.] 

Worcester  ss —  The  Commonwealth  of  Massachusetts 
To  the  Sheriff  or  Marshal  of  our  said  County 
of  Worcester,  his  Under  Sheriff  or  Deputy, 
Greeting 

Whereas  We,  before  our  Justices  of  Our 
Inferiour  Court  of  Common  Pleas,  holden  for  and  within 
Our  County  of  Worcester  aforesaid,  at  Worcester,  upon 
the  second  Tuesday  of  December  last,  by  adjournment 
from  the  first  Tuesday  of  the  same  Month  by  a  resolve  of 
the  Great  &  General  Court,  by  the  Consideration  of  our 
said  Inferiour  Court,  recovered  Judgment  for  Our  Title 


264  THE  CHANDLER  CONFISCATION 

&  Possession  of,  &  in,  the  lands,  tenements  &  heredita- 
ments hereafter  described,  late  the  estate  of  John 
Chandler,  late  of  Worcester  aforesaid,  Esquire,  an  Ab- 
sentee, agreeable  to  the  tenor  &  form,  &  by  virtue  of  an 
Act  of  the  Great  &  General  Court  intitled  "  An  Act  for 
confiscating  the  Estates  of  certain  persons  commonly 
called  Absentees." 

Viz. 

A  tract  of  land  situate  about  Thirty  Rods  Northeast- 
wardly of  the  Meeting  house  in  Worcester,  containing  by 
estimation  about  one  Acre,  more  or  less,  &  bounded  as 
follows,  viz.  North-westerly,  on  the  Country  road  —  South- 
eastwardly,  on  Ministerial  land  —  Southwestwardly,  on 
the  Town  Common  or  road  leading  from  said  Meeting- 
house to  the  Town  of  Grafton ;  together  with  one  large 
upright  dwelling  house,  two  barns,  a  Corn-barn,  a  large 
Store,  &  a  Tenement  formerly  improved  as  an  Office,  as 
also  other  out  buildings  on  the  same  standing. 

Also  another  Tract  of  land  situate  about  two  miles 
from  the  Meeting-house  aforesaid,  South  on  the  road 
leading  from  Worcester  to  the  Town  of  Sutton,  containing 
about  two  hundred  Acres  by  estimation,  more  or  less, 
commonly  called,  or  known  by  the  name  of,  the  Mill 
farm,  And  bounded  Westwardly  on  said  road  —  South- 
wardly, partly  on  Gardiner  Chandler's  land,  partly  on 
Blackstone  River  &  partly  on  Nathan  Perry's  land  — 
Eastwardly,  partly  on  said  Perry's  land,  &  partly  on 
Joshua  Whitney's  land,  as  the  Wall  now  stands,  until  it 
comes  to  the  land  belonging  to  the  heirs  of  Tyrus  Rice  — 
Northwardly,  partly  on  land  belonging  to  the  said  Tyrus 
Rice,  partly  on  Richard  Pratt's  land,  partly  on  land  be- 
longing to  the  estate  of  James  Putnam  Esq*  an  Absentee, 
&  partly  on  the  land  belonging  to  Absalom  Rice  &  Jona- 
than Rice,  &  partly  on  land  of  Jonathan  Grout  until  it 
comes  to  the  road  —  Consisting  of  mowing,  tillage,  pastur- 


APPENDIX  265 

ing,  orcharding  &  wood  land,  with  buildings  thereon,  con- 
sisting of  one  upright  dwelling  house  &  barn  &  other  out 
buildings.  — 

Also,  another  tract  of  land  situate  about  two  miles 
South  of  the  Meeting  house  aforesaid,  &  situate  on  the 
Westwardly  side  of  said  road  leading  from  Worcester  to 
Sutton,  containing  eight  Acres  by  estimation,  more  or  less, 
&  bounded  as  follows,  Northwardly  on  land  of  Jonathan 
Grout  —  Southwardly  &  Westwardly  on  land  of  Joshua 
Whitney  &  Gardiner  Chandler  —  Eastwardly,  on  said 
road  leading  to  Sutton;  together  with  two  Grist-Mills 
thereon  standing.  — 

Also,  tract  of  Wood  land,  situate  about  two  miles 
North-eastwardly  of  the  Court  house,  containing  seventeen 
Acres  by  estimation,  more  or  less,  &  bounded  as  follows 

—  Eastwardly,  on  land  belonging  to  the  Widow  Holbrook 

—  Southwardly  on  Charles  Adams's  land  —  Northwardly 
&  Westwardly  on  the  Town  land  upon  Mill-Stone  Hill 
(so  called) 

Also,  A  tract  of  land,  being  a  Cedar  Swamp,  situate 
about  two  miles  and  an  half  South  westwardly  from  the 
Meeting  House  aforesaid,  containing  by  estimation  ten 
Acres,  more  or  less,  &  bounded  as  follows,  Eastwardly, 
Southwardly  &  Westwardly  on  Noah  Jones's  land  & 
Northwardly  on  William  Mahon's  land.  — 

Also,  a  Tract  of  Pasture  land,  situate  Northwestwardly 
From  the  Meeting  house  aforesaid  near  to  Cap!1  Micah 
Johnson's  dwelling  house,  containing  by  estimation  about 
sixty  Acres,  &  bounded  Northwardly  on  said  Johnson's 
land,  on  Col*?  Gardiner  Chandler's  land  —  Westwardly  & 
Southwardly  on  William  Young's  land  —  &  Eastwardly 
partly  on  said  Young's  land,  partly  on  John  Barnard's 
land,  &  partly  on  Joshua  Symond's  land  — 

Also,  another  tract  of  pasture  land  situate  about  three 
miles  Northwestwardly  from  the  Meeting  house  aforesaid, 


266  THE  CHANDLER  CONFISCATION 

near  to  Cap*  Samuel  Mower's  dwelling  house,  containing 
by  estimation  twenty  five  Acres  more  or  less  —  and 
bounded  Eastwardly  on  said  Mower's  land,  Southwardly 
on  Amos  Wheeler's  land  —  Westwardly  on  David  Moore's 
land  —  and  Northwardly  on  John  Mower's  land  — 

Also,  Another  tract  of  land  situate  about  sixty  rods 
South-westwardlyfrom  the  Meeting-house  aforesaid,  on  the 
Country  road  leading  to  Leicester,  containing  by  estima- 
tion three  hundred  &  ten  Acres,  more  or  less,  and  bounded 
as  follows,  viz  —  South-eastwardly,  on  the  said  Country 
road.  South-westwardly  on  a  road  leading  from  the  said 
Country  road  to  Jacob  Hemingway's  dwelling  house, 
commonly  called  Hemingway's  road,  as  far  as  Beaver 
brook  —  &  then  turning  &  running  Northwardly  on 
beaver  brook  or  said  Hemingway's  land  until  it  comes  to 
Joseph  Blair's  land  —  And  then  running  Eastwardly  on 
said  Blair's  land  until  it  comes  to  Jennison  Sterne's  land, 
&  running  Eastwardly  on  said  Sterne's  land,  until  it 
comes  to  a  Corner  in  said  Sternes  land  &  then  running' 
Northwardly  on  said  Sterne's  land  until  it  comes  to  Tatnick 
road  —  and  then  running  Eastwardly  on  said  road  until 
it  comes  to  Gardiner  Chandler's  land  —  and  then  running 
Southwardly  on  said  Gardiner  Chandler's  land,  until  it 
comes  to  a  corner  in  said  Chandler's  land  —  &  then  run- 
ning Eastwardly  on  said  Gardiner  Chandler's  land,  until 
it  comes  to  another  corner  in  said  Gardiner  Chandler's 
land  —  and  then  turning  &  running  Southwardly  on  said 
Gardiner  Chandler's  land,  until  it  comes  to  another  cor- 
ner in  said  Gardiner  Chandler's  land  —  and  then  turning 
&  running  Eastwardly  on  said  Gardiner  Chandler's  land 
until  it  comes  to  William  Johnson's  land  — and  then 
turning  &  running  South-eastwardly  on  said  Johnson's 
land  until  it  comes  to  the  land  belonging  to  the  heirs  Of 
James  Brown  late  of  said  Worcester  —  Then  turning  & 
running  Southwardly  on  said  Heir's  land  to  a  corner  of 


APPENDIX  267 

the  said  land  —  then  turning  &  running  Eastwardly  on 
said  Heir's  land  until  it  comes  to  the  Country  road  afore- 
said —  Together  with  one  two  storied  dwelling  house  & 
two  barns  standing  thereon  —  About  one  hundred  &  fifty 
acres  being  under  improvement  &  consisting  of  pasturing, 
mowing,  tillage  &  orcharding ;  &  the  rest  wood  land. 

Also,  another  tract  of  land  lying  Southwardly  of  the 
said  Hemingway's  road,  &  containing,  by  estimation, 
about  twenty  acres,  &  bounded  as  follows,  viz.  North- 
wardly on  said  road  —  Eastwardly,  partly  on  land  of 
Ezra  Jones,  &  partly  on  land  belonging  to  the  heirs  of 
Zebediah  Kice  —  Southwardly  on  Gardiner  Chandler's 
land  —  Westwardly  on  Cap*  Ebenezer  Lovett's  land  — 
About  four  Acres  being  under  improvement ;  &  consist- 
ing of  pasturing  &  orcharding,  &  the  rest  Wood  land.  — 

Also,  another  tract  of  land,  the  Westwardly  corner  of 
which  being  situate  about  thirty  rods  East  of  the  Court 
house  in  said  Worcester,  containing  by  estimation  One 
hundred  &  ninety  five  acres,  more  or  less,  &  bounded  as 
follows,  viz' — Westwardly  &  Northwardly,  on  the  Country 
road  —  Northwardly  &  Westwardly  on  land  of  Timothy 
Paine  Esq?  —  Northwardly  on  land  of  the  Honorable 
John  Hancock  Esq* — Eastwardly  on  land  of  Charles 
Adams  —  South-eastwardly,  partly  on  land  of  Thomas 
Wheeler,  partly  on  land  of  Stephen  Salisbury,  &  partly 
on  land  belonging  to  the  estate  of  James  Putnam  EsqT  an 
Absentee  —  Southwardly,  on  Gardiner  Chandler's  land 
—  Westwardly  &  Southwardly  on  the  land  belonging  to 
Daniel  Heywood  —  and  Westwardly,  by  various  lines, 
partly  on  land  belonging  to  the  heirs  of  Abel  Heywood, 
partly  on  Joseph  Lynde's  land,  &  partly  on  Col?  Timothy 
Bigelow's  land  until  it  comes  to  the  Country  road  afore- 
said —  Consisting  of  mowing,  ploughing,  pasturing,  or- 
charding &  wood  land,  together  with  one  large  two  storied 
dwelling  house,  one  large  barn,  a  Corn  barn,  a  tenement 


268  THE  CHANDLER  CONFISCATION 

formerly  improved  as  an  Office  —  another  tenement  now 
improved  as  a  Tailor's  shop,  &  other  out  buildings  all 
standing  on  the  said  tract  of  land  —  All  the  abovemen- 
tioned  tracts  of  land  lying  in  Worcester  aforesaid  bounded 
as  above  respectively  described,  &  as  the  same  may  be 
bounded  according  to  his  right  &  title  thereto.  — 

Also  another  tract  of  land,  lying  partly  in  said  Worces- 
ter, &  partly  in  Leicester  in  the  County  of  Worcester, 
situate  about  three  miles  from  the  Meeting  house  in  said 
Worcester,  containing  by  estimation  about  three  hundred 
Acres,  more  or  less,  &  bounded  as  follows,  viz.  Beginning 
at  the  North-westwardly  corner  of  Noah  Jones's  home- 
stead, &  running  westwardly  on  the  Country  road  until  it 
comes  to  the  Leicester  line :  And  then  turning  &  run- 
ning Southwardly  on  Nathan  Sargeant's  land,  it  being 
the  Western  line  of  Worcester  —  &  then  turning,  &  run- 
ning into  Leicester  Westerly  on  said  Nathan  Sargeant's 
land  until  it  comes  to  Robert  Henry's  land  —  And  then 
turning  &  running  Southwardly  on  Robert  Henry's  land 
until  it  comes  to  land  belonging  to  the  heirs  of  Thomas 
Denny,  late  of  said  Leicester  —  Then  turning  &  running 
Eastwardly  on  land  belonging  to  the  heirs  of  the  said 
Thomas  Denny ;  &  then  turning  &  running  Southwardly 
on  said  Heir's  land,  &  then  turning  &  running  Eastwardly 
until  it  strikes  the  Town  line;  &  then  turning  &  run- 
ning Northwardly  on  the  land  of  the  said  heirs  ;  &  then 
turning  &  running  Eastwardly  on  land  of  John  Griggs  — 
and  then  turning  &  running  Northwardly  partly  on  said 
Griggs's  land  &  partly  on  Jonathan  Phillips's  land  until 
it  comes  to  the  Town  road  —  And  then  running  West- 
wardly on  said  Noah  Jones's  land,  &  then  turning  & 
running  Northwardly  on  said  Noah  Jones's  land  to  the 
first  mentioned  bounds  —  Consisting  of  mowing,  tillage, 
pasturing,  orcharding  &  wood  land  ;  together  with  one 
upright  dwelling  house  &  barn  standing  on  the  same.  — 


APPENDIX  269 

Also  two  third  parts  of  two  hundred  Acres  of  land 
lying  Partly  in  Oxford  &  partly  in  Charlton,  both  in  the 
County  of  Worcester,  in  common,  &  undivided,  with  one 
Benjamin  Rich  :  Said  two  hundred  Acres  being  bounded 
as  follows,  viz.  Southwardly,  on  Cox's  land,  so  called, 
Westwardly  on  John  Stephens's  land,  being  Lot  N?  5. 
Northwardly  on  Thompson's  land,  so  called,  —  &  East- 
wardly  on  said  Stephens's  land — Consisting  of  mowing, 
ploughing,  pasturing,  orcharding  &  wood  land,  with  one 
old  Mansion  house  &  old  barn  standing  on  the  same.  — 

Also,  a  Pew  in  the  aforesaid  Worcester  Meeting  house, 
situate  on  the  lower  floor  of  the  same,  &  adjoining  to  the 
North  end  of  the  pew  of  Timothy  Paine  EsqF  &  being 
the  second  walled  pew  North  of  the  front  door.  — 

Also,  another  Pew  in  said  Meeting  house,  situate  on 
the  lower  floor,  &  in  the  South-westwardly  corner  of  said 
Meeting  house,  &  adjoining  to  the  South  side  of  the  pew 
now  improved  by  Col?  Thomas  Wheeler,  &  the  West 
side  of  the  Pew  now  or  lately  improved  by  one  Noyes. 

Also,  another  Pew,  situate  on  the  lower  floor  of  said 
Meeting  house,  being  the  second  wall  pew  West  of  the 
South  door,  adjoining  to  the  East  end  of  the  Pew  im- 
proved, or  lately  improved,  by  said  Noyes,  &  the  West 
end  of  the  Pew  occupied  by  Chapin  &  others.  — 

Also,  three  fifths  of  another  pew,  situate  on  the  lower 
floor  of  said  Meeting  house,  being  the  wall  pew  adjoining 
to  the  North  side  of  the  Pulpit  &  to  the  South  side  of  the 
Pew  possessed  by  Daniel  Heywood  &  others  —  With  all 
the  privileges,  appurtenances  &  easements  to  each  &  every 
of  the  above  described  tracts  of  land,  to  each  &  every  of 
the  buildings  aforesaid,  &  to  the  said  several  pews  belong- 
ing, as  to  Us  hath  been  made  to  appear  of  record.  — 

We  command  you  Therefore,  that,  without  delay,  you 
cause  us  to  have  possession  of,  &  in,  the  lands,  tenements 
&  hereditaments  aforesaid,  with  all  the  Privileges,  appur- 


270  THE  CHANDLER  CONFISCATION 

tenances  &  easements  to  each  &  every  of  them  belong- 
ing.—  Hereof  fail  not;  &  make  return  of  this  Writ 
with  your  doings  therein  unto  our  said  Inf  eriour  Court  of 
Common  Pleas  ;  to  be  holden  at  Worcester,  upon  the  last 
Tuesday  of  March  next.  — 

Witness  Artemas  Ward,  Esquire,  at  Worcester,  the 
twenty  fourth  day  of  January,  in  the  year  of  our  Lord 
Seventeen  hundred  &  eighty  one.  — 

Jos.  ALLEN,  Cler. 

Worcester  ss.  February  the  218.t  1781.  By  virtue  of 
the  within  Writ,  I  have  delivered  possession  of  the  lands, 
tenements  &  hereditaments  within  described  to  Levi  Lin- 
coln, Esquire,  specially  impowered  &  appointed  by  Rob? 
T.  Paine  Esquire,  Attorney  General  of  the  Common- 
wealth, to  receive  the  same.  — 

JONATHAN  RICE,  DT  Sheriff 

The  foregoing,  containing  seven  pages,  is  a  true  copy 
of  the  Original  on  file,  Examined  this  twentieth  day  of 
October  One  thousand  seven  hundred  &  eighty  three. 

Attf  J.  ALLEN,  Cler. 

(Endorsed) 

Commonw.  vs.  J.  Chandler  Esq! 
Hab.  fac.  Poss? 
Copy 

[Number  65.] 

[Appointment  of  Appraisers  for  the  Worcester  property. 
Same  as  No.  3,  probate  files,  except  that  it  does  not  contain  the 
appraisers'  return.] 

[Number  66.] 

An  Inventory  of  the  Personal  Estate  belonging  to  John 
Chandler  Esq'  Late  of  Worcester  —  Shewn  to  us  by  the 


APPENDIX  271 

Agent  for  said  Estate  which  we  have  Apprized  at  the 
sums  following  —  [What  follows  is  substantially  the  -same 
as  No.  11,  probate  files,  but  does  not  contain  the  agent's 
oath.] 

[Number  67.] 

[Appointment  of  appraisers  for  the  Leominster  property. 
Same  as  No.  5,  probate  files.] 

[Number  68.] 

[Appointment  of  Appraisers  for  the  Royalston  property.  Same 
as  No.  6,  probate  files.  The  appraisal  which  follows  is  the  same 
as  No.  8,  probate  files.] 

[Number  69.] 

[Appointment  of  Appraisers  for  the  Murrayfield  property. 
Same  as  No.  4,  probate  files.] 

[Number  70.] 

[Return  of  the  Murrayfield  appraisers.  Same  as  No.  9,  pro- 
bate files.] 

[Number  71.] 
[Oath  of  Agent.     Same  as  oath  in  No.  11,  probate  files.] 


[Number  72.] 

The  forgoing  Containing  Eleven  pages  is  a  true  Copy 
from  the  Originals  on  file  of  the  Inventories  of  the  Real 
&  personal  Estate  of  John  Chandler  Esqr  late  of  Worces- 
ter an  Absentee.  Exam"?  this  twenty  first  Day  of  Octo- 
ber One  Thousand  seven  Hundred  and  Eighty  three  — 
Attest  Jos :  WHEELER  Reg? 


272  THE  CHANDLER  CONFISCATION 

[Number  73.] 

[Judgment  Record,  Confiscation  Suit.  Same  as  Number  31, 
the  record  heretofore  given,  of  the  Inferior  Court  of  Common 
Fleas  in  the  Royalston  suit.] 

[Number  74.] 

[Judgment  Record,  Confiscation  Suit.  Same  as  Number  32, 
the  record  heretofore  given,  of  the  Inferior  Court  of  Common 
Pleas  in  the  Worcester  Suit.] 

[Number  75.] 
[The  duplicates  mentioned  below  are  numbers  64, 62,  and  63.] 

(Transcriber's  Note.) 

(Three  papers  sewn  together  with  silk  thread  are  found 
on  examination  to  be : 

(1)  Duplicate  of  Writ,  pages  153  to  174,  with  the  ex- 
ception that  this  copy  bears  at  the  end  the  following :  — ) 

"  Worcester  Aug!  26  1783 

"  Having  Carefully  Searched  the  Records  of  Deeds 
"  for  the  within  Mentioned  County  of  Worcester,  I 
"  do  not  finde  that  the  within  Named  John  Chandler 
"  Esqr  hath  Ever  made  Conveyance  of  the  Lands 
"  within  Mentioned,  or  any  part  of  them  — 

"  Attest  NATHAN  BALDWIN  Keg? " 

(2)  Writ  same  as  pages  129  to  138  with  the  exception 
of  the  same  certificate  as  above.) 

(3)  Judgment  same  as  pages  139  to  151,  but  with  some 
of  the  superfluous  wording  curtailed,  and  endorsed  "  Com- 
monwealth vs  John  Chandler  EsqF  Judgment  Copy  4/.) 


APPENDIX  273 

[Number  76.] 

I  Certify  that  in  the  Division  of  the  town  of  Murrayfield 
in  the  County  of  Hamshire  in  New  England,  Among 
the  Proprietors ;  whereof  the  Honb!e  John  Chandler  Esq? 
now  an  Absentee  was  one,  the  following  Lotts  fell  to  the 
Right  of  the  said  John  Chandler  as  they  appear  now 
upon  Record  upon  the  Proprietors  Records  now  with 
me  — 


first  Division 
Viz*  drawn,  1  Oc*  1763 


the  Second  Division 
drawn  12  Dec1: 1764 


N! 

Acres 

Rods 

5  . 

.  102  . 

.  80  .  . 

9  . 

.  102  . 

.  80  .  . 

14  . 

.  102  . 

.80  .  . 

20  . 

.  102  . 

.  80  .  . 

24  . 

.  102  . 

.  80  .  . 

28  . 

.  102  . 

.  80  .  . 

59  . 

.  102  . 

.  80  .  . 

98  . 

.  100  . 

85  . 

.  100  . 

95  . 

.  100  . 

97  . 

.  100  . 

Ill  . 

.  100  . 

N°  1  . 

.  247  . 

23  . 

.  200  . 

24  . 

.  200  . 

20  . 

.  200  . 

27 

153 

274  THE  CHANDLER  CONFISCATION 

Rods 


Intervail  Lotts 


third  Division 
drawn  2d  Oc*  1771 


his  share  in  the 
undivided  lands 
being  a  5*?1  Part 


Letter 

Acres 

o  . 

.   50 

p  . 

.   50 

Q  • 

.   50 

N«?  31  . 

.  203 

33  . 

.  200 

30  . 

.  200 

46  . 

.  200 

52  . 

.  205 

64  . 

.  200 

71  . 

.  200 

6  . 

.  100 

20  . 

.  100 

7  . 

.   95 

NB.  the  Town  of  Murrayf eild  ^ 
being  divided  into  two  Towns  —  I 
part  of  the  above  Lands  lye  in  j 
that  Part  called  Norwich 


Worcester,  Oct.  29-1783 

Attt  TIM?  PAINE  Pro?  Cler. 


[Number  77.] 

Hampshire  ss  I  Certify  that  I  have  made  diligent 

Search  in  the  Records  of  Deeds  for  said  County  of  Hamp- 
shire and  Cannot  find  any  Conveyance  of  any  Lands 
from  John  Chandler  Esquire  late  of  Worcester  lying  in 
the  Town  of  Murray-field  except  the  lot  N<?  92  to  Abraham 
Fleming  containing  100  acres  and  the  lot  N?  66  to  Tim'? 


APPENDIX  275 

Paine  Esq8  containing  102  acres  and  the  Lot  Nl  17  to 
Caleb  Bascom  Containing  100  acres  and  the  Lot  N°  .51  to 
Thomas  Elder  and  Contains  100  acres 

Att:  W¥  PYNCHON  Keg1: 

Hampshire  ss  Oct'.  31 1783 

(Endorsed) 

Proprietors  Clerk 
of  Murraysfield 
Certificate  — 

&  Certificate  from  ye  Register 
of  Deeds  for  y"  County  of 
Hampshire 

[Number  78.] 

I  hereby  Certify  that  in  the  Records  of  deeds  for  the 
County  of  Hampshire  I  find  upon  said  records  the  follow- 
ing Conveyances  of  Lands  made  to  John  Chandler  Esquire 
Lying  and  being  in  the  Town  of  Murrayfield  in  sd  County 
viz 

One  from  Tim0  Paine  Esqr.  and  others  of  a  Lot  of  land 
containing  one  Hundred  acres  being  N?  56  also 

One  from  Jesse  Johnson  being  N?  98  &  contains  100 
acres 

One  from  Abijah  Willard  Esq?  being  Lot  32  Contains 
102» 

One  Mortgage  from  David  Gilmore  of  Lot  N°  10  and  Con- 
tains 102  acres  &  80  rd.  also 

One  from  Abner  Smith  of  Lot  N°  20  &  contains  100 
acres 

One  from  John  Hannum  of  lot  N?  15  contains  100  acres 

One  from  David  Gilmore  of  the  westerly  half  of  lot  N°  10 

One  from  John  Crawford  of  the  lot  N°  66  contains  102 
acres 

Hampshire  ss  October  31  1783       Att :  W¥  PYNCHON  RegF 


276  THE  CHANDLER  CONFISCATION 

(Endorsed) 

Mr  Pinchon 
Certificate 


[Number  79.] 

Commonwealth  of  ) 

Massachusetts        )  NovF  4.  1783 

Know  all  men  by  these  presents  that  we  the  Subscrib- 
ers being  appointed  Commissioners  by  ye  General  Court 
of  this  Commonwealth  to  Sell  and  dispose  of  All  the 
Real  &  Personal  Estate  of  Persons  commonly  called  Ab- 
sentees lying  within  the  County  of  Worcester  do  hereby 
Certify  to  all  whom  it  may  Concern  that  the  whole  of 
the  Real  &  Personal  Estate  belonging  to  Jn?  Chandler 
Esqf  late  of  Worcester  &  County  Aforesaid  An  Absentee 
lying  within  the  Town  &  County  Aforesaid  except  that 
part  which  lyeth  in  Royalston  &  also  the  third  part  which 
was  allowed  the  Wife  of  the  sd  John  for  her  support  & 
maintenance  during  her  natural  Life  have  been  sold 
agreeable  to  the  Laws  of  the  Commonwealth 

CALEB  AMMIDOWN  )  Committee  for 
JOHN  FESSENDEN    }  Said  County 

(Endorsed) 

Certificate  of  y*  Sale 
of  County  of  Worcester 
Estate 

[Number  80.] 

SF 

I  herewith  Inclose  a  Certificate  (N°  1)  of  the  Sale  of 
my  Estate  situated  in  Royalston  and  Winchendon  which 
in  my  Schedule  is  discribed  by  N°  13  so  that  you  now 
have  Certificates  of  the  Sale  of  all  my  Estate,  Except 
that  part  Set  of  to  my  late  wife  for  her  Dower  which  is 


APPENDIX  277 

thus  discribed  in  my  Schedule  viz?  N°  1,  N?  5,  N°  6, 
N?  9,  N?  3  part  of  N?  12  and  also  ten  Acres  of  Land 
part  of  N?  7  and  is  particularly  ascertained  by  the  In- 
closed Certificate  (N?  2)  this  part  of  my  Estate  altho 
actually  Confiscated  has  never  yet  been  Sold  and  I  am  In- 
formed that  the  Legislature  of  Massachusetts  have  given 
the  Improvement  of  it  to  the  Children  I  left  in  that 
Country  for  the  Term  of  two  years  commencing  some 
time  last  spring 

I  have  the  Honor  to  be 

SF  Your  most  Humble  Serv* 

JOHN  CHANDLER 

N°  10  Paddington  Street 
High  Street  Octo!  11:  1785 

John  Forster  Esq? 
(Addressed)  John  Forster  Esq' 

(Endorsed)  Mr  John  Chandler  —  [Black  wax 

Mem  —  to  look  thro' 
the  Evidence  &  Dec? 
on  this  Case  — 

[Number  81.] 

Commonwealth  of  Massachusetts  — 

To  all  whom  it  may  concern 

This  may  certify  that  Caleb  Ammidon 
Esqr  is  one  of  the  Committee  appointed  to 
sell  Absentees  Estates  in  the  County  of 
Worcester  in  this  Commonwealth  And  that 
faith  &  Credit  is  &  ought  to  be  given  to  his 
Acts  &  Attestations  in  that  Capacity  both  in 
&  out  of  Court. 

In  Testimony  whereof  I  have  caused  the  Public  Seal 
of  the  Commonwealth  of  Massachusetts  to  be  hereto  af- 
fixed this  twenty  ninth  day  of  June  A?  Di  1785,  in  the 


278  THE  CHANDLER  CONFISCATION 

Ninth  Year  of  the  Independence  of  the  United  States  of 
America. 

JAMES  BOWDOIN 

Governor  of  the  Commonwealth 

of  Massachusetts 

By  His  Excellency's  Command  — 
JOHN  AVERT  junr  Secretary  — 

[Number  82.] 

Commonwealth     ) 

of  Massachusetts  i  June  18th  1785  — 

These  are  to  certify  to  all  whom  it  may  concern,  that 
that  part  of  the  Estate  belonging  to  John  Chandler 
Esqf  late  of  Worcester  an  Absentee,  lying  in  Royalston 
&  Winchendon  in  the  County  of  Worcester  has  been  sold 
at  public  Auction  agreeable  to  an  order  from  the  Govern- 
ment &  that  the  amount  of  the  Sales  was  four  hundred  & 
forty  five  Pounds  sixteen  shillings  &  Eight  pence  Law- 
ful Silver  money — 

(  P*  order 
CALEB  AMMIDOWN  \  of  the 

'  Committee 

(Endorsed) 

N?  1  — Certificate  of  the 
Sale  of  John  Chandler.s  Estate 
situated  in  Royalston  and 
Winchendon 

[Number  83.] 

[Report  of  committee  appointed  to  set  off  dower  and  decree 
of  court  —  same  as  No.  16,  probate  files.] 


APPENDIX  279 

[Number  84.] 
Sir 

On  the  11th  of  October  I  left  a  Letter  at  your  office, 
Inclosing  a  Certificate  (N°  1)  of  the  Sale  of  my  Estate 
Situated  in  Royalstone  and  Winchendon,  which  in  my 
Schedule  is  discribed  by  N°  13.  so  that  you  now  have 
certificates  of  the  Sale  of  all  my  Estate,  except  the  part 
set  of  to  my  late  wife  for  her  dower,  which  is  thus  dis- 
cribed in  my  Schedule  Viz*  N°  1  —  N°  5  —  N°  6  —  N°  9 
—  N°  3— part  of  N°  12  —  and  also  ten  acres  of  land 
part  of  N°  7  and  is  particularly  ascertained  by  Certificate 
(N°  2)  which  I  at  the  Same  time  Inclosed,  this  part  of 
my  Estate  though  actually  Confiscated  has  not  been  Sold 
and  I  am  Informed  that  the  Legislature  of  Massachusetts 
have  Given  the  Improvement  of  it  to  the  Children  I  left 
in  that  Country  for  the  Term  of  two  years  commencing 
some  time  last  Spring,  and  being  this  particularly  Situ- 
ated if  a  Certificate  of  the  Sale  of  it  is  required  I  must 
finally  loose  this  valuable  part  of  my  Estate.  — 

As  I  had  my  hearing  before  the  Commissioners  in 
March  last,  and  was  not  Included  in  the  report,  I  suppose 
Some  evidence  was  necessary  that  had  not  been  produced 
at  my  hearing,  and  I  am  anxious  to  know  Whether  the 
Certificates  before  mentioned  (inclosed  in  my  letter  of  the 
11th  of  October)  are  Satisfactory,  or  whether  any  further 
evidence  is  required,  and  shall  be  very  much  obliged  to 
you  Sir  for  any  Information  you  can  give  me  Concerning 
this  business  — 

I  have  the  Honor  to  be 

S*  your  most  Humble  Serv* 

JOHN  CHANDLER 

N°  10  Paddington  Street 
High  Street  NOT'  10  :  1786. 

John  Forster  Esq' 


280  THE  CHANDLER  CONFISCATION 

(Endorsed) 

Nov!  10*  1786 

443 

John  Chandler 

relates  to  the  Confiscation 
of  his  Property  &c 
Received  since  the  hearing 
(Addressed) 

John  Forster  Esq' 

Secretary  to  the  Commissioners 
of  American  Claims 


[Number  85.] 

S? 

I  Inclose  three  Certificates  lately  received  from 
America,  they  ascertain  that  part  of  my  Estate  which  has 
actually  been  sold,  and  also  that  part  which  still  remains 
unsold,  If  you  compare  these  Certificates  with  my 
Schedule  you  will  find  that  the  part  which  remains  unsold 
is  thus  discribed  there,  viz*  N°  1.  N°  5.  N°  6.  N°  9.  N° 
3.  part  of  N°  12  and  also  ten  acres  part  of  N°  7,  and  I 
am  Informed  that  the  Legislature  of  the  Massachusetts 
have  granted  the  Improvement  of  this  unsold  part  of  my 
Estate  to  the  Children  I  left  in  that  Country  for  the  term 
of  two  years  commencing  some  time  last  Spring,  which 
I  beleive  was  mentioned  in  a  Letter  I  Troubled  you  with 
last  Autumn,  And  altho  I  Expect  this  part  of  my  Estate 
which  remains  unsold  will  be  finally  lost  to  my  family 
the  same  being  actually  Confiscated,  yet  I  do  not  wish 
my  affairs  to  remain  unfinished  for  the  purpose  of  haveing 
my  Claim  open  in  order  to  be  Compensated  for  the  Same 
when  Sold,  for  I  am  an  old  man  and  wish  to  know  the 
fate  of  my  Claim  —  I  have  to  request  S?  that  you  will  lay 
these  Certificates  before  the  Board  of  Commissioners ; 
and  as  I  never  Expect  to  procure  any  further  Evidence 


APPENDIX  281 

Concerning  my  Losses,  I  flatter  my  Self  that  what  I  have 
produced  will  be  Satisfactory,  and  that  I  shall  be  Included 
in  the  next  report  — 

I  have  the  Honor  to  be 

Sr  your  most  Humble  Serv* 

JOHN  CHANDLER 

N°  20  Winchester  Row 
Feb28:  1786  — 

John  Forster  Esqr  Seer  &" 

(Addressed) 

John  Forster  Esq!  Secretary 
To  the  Commissioners  on  the  American  Claims  — 

(Endorsed) 

28.  Feb.  1786 
443 

Mr  John  Chandler 

Inclosing  addl  Certif" 
of  Confisc?  &  Sale 
received  since  the  hearing  of  the  Claim  — 


[Number  86.] 

Commonwealth  of  Massachusetts  — 

To  all  whom  it  may  concern 

This  may  certify  That,  John  Fessenden  and 
John  Warner  EsqF?  are  a  Major  Part  of  the 
Committee  for  the  Sale  of  the  Estates  of 
Absentees  for  the  County  of  Worcester,  and 
that  John  Kirkland  EsqT  and  MrF  Benjamin 
Bonney  are  a  Major  Part  of  the  Committee 
for  the  sale  of  the  Estates  of  Absentees  in 
the  County  of  Hampshire,  appointed  by  the 
General  Court  of  this  Commonwealth  — 


282  THE  CHANDLER  CONFISCATION 

And  that  full  Faith  and  Credit  is  &  ought  to 
be  given  to  their  Acts  &  Attestations  as  on 
the  annexed  Papers  both  in  &  out  of  Court  — 
In  Testimony  whereof  I  have  caused  the  public  seal  of 
the  said  Commonwealth  to  be  hereto  affixed  this  third 
day  of  January  A°  Di  1786  in  the  Tenth  Year  of  the 
Independence  of  the  United  States  of  America  — 
JAMES  BOWDOIN 

Governor  of  the  Commonwealth 

By  His  Excellency's  Command  of  Massachusetts 

JOHN  AVERT  junr  Secretary 


[Number  87.] 

Worcester  ss  Commonwealth  of  Massachusetts 

DecF  27*  AD  1785  — 

To  whom  it  may  concern  — 

We  the  Subscribers  being  duly  appointed  by  the  gen- 
eral Assembly  of  the  Commonwealth  aforesaid  a  Com- 
mittee for  the  purpose  of  selling  confiscated  Estates  in 
the  County  of  Worcester  within  the  same  Common- 
wealth —  Do  hereby  certify,  that  all  the  real  Estate  be- 
longing to  the  Honb!e  John  Chandler  Esquire,  late  of 
Worcester  in  the  County  of  Worcester  an  Absentee, 
aforesaid  .  .  which  was  confiscated,  has  been  sold  for  the 
Use  of  the  Government,  excepting,  the  said  John's  late 
Mansion  House,  with  the  Stores,  Gardens  &c  near  the 
meeting  house  in  said  Worcester,  the  said  Johns  Farm 
&c.  near  the  Court  House  with  his  two  pastures  on  a 
place  called  Tatnick  Hill,  seventeen  Acres  of  Woodland, 
near  Charles  Adams's,  ten  Acres  of  the  Up  town  Farm  so 
called,  and  one  pew  in  the  meeting  house,  the  afores? 
Tenements,  Estate  &c,  were  assignd  to  the  late  Mary 


APPENDIX 


283 


Chandler   ded  the  then  wife  of  the  said  John,  for  her 

maintainance  &  Support 

Commissioners  for  the  purpose 
of  selling  Confiscated  Estates  — 
within  ye  Commonwealth 
of  Massachusetts  — 


JOHN  FESSENDEN 
JoN4  WARNER 


[Number  88.] 

Commonwealth  of    | 

Massachusetts  Bay  )  Norwich  NovF  1783 

We  the  Subscribers  two  of  the  Committee  appointed 
by  the  General  Court  for  selling  Confiscated  Estates  lying 
in  the  County  of  Hampshire  belonging  to  Absentees  — 
Do  hereby  Certify  that  all  the  Keal  Estate  lying  in  the 
County  Aforesaid  belonging  to  John  Chandler  EsqF  late 
of  Worcester  in  the  County  of  Worcester  an  Absentee 
that  has  been  Confiscated  was  sold  agreeable  to  the  Laws 
of  s?  Commonwealth  « 

Committee  of 

John  Kirklaiid     Confiscated  Estates 
Benja  Bonney      for  the  County 
of  Hampshire 

(Endorsed) 

Certificate  of  the 
Sale  of  the  Real 
Estate  of 

John  Chandler  — 


[Number  89.] 

[Duplicate  of  the  foregoing  certificate  of  Kirkland  and  Bon- 
ney, not  here  transcribed.     It  is  dated  3  November  1783.] 


284  THE  CHANDLER  CONFISCATION 

[Number  90.] 

TO  THE  HONOURABLE  COMMISSIONERS 
appointed  by  act  of    Parliament  for  inquiring  into  the 
Losses  and  Services  of  the  American  Loyalists. 

The  memorial  of  John  Chandler  formerly  of  Worces- 
ter in  the  Province  of  the  Massachusetts  Bay,  but  now 
of  his  majestys  Province  of  Nova  Scotia. 

Humbly  Sheweth 

That  on  the  twenty  fifth  day  of  July  last  he  obtained 
permission  from  your  Honourable  bord  to  receive  his 
allowance  for  Temporary  Support  by  his  Agent  during 
his  absence  from  Great  Britain  for  twelve  months,  and  as 
he  was  then  Informed  that  the  Same  would  cease  at  the 
expiration  of  that  period  unless  application  should  be 
made  for  a  renewal  of  that  permission,  to  be  accompanied 
with  an  account  of  your  memorialists  Situation,  he  Begs 
leave  to  State  to  your  Honourable  board  that  he  arrived 
in  the  Province  of  Nova  Scotia  in  November  last  and  has 
remained  there  ever  Since. 

That  being  an  old  man  aged  more  than  Sixty  Six 
Years  he  did  not  leave  England  with  any  Intention  of 
doing  Business  and  wishes  to  remain  in  Nova  Scotia  only 
for  the  purpose  of  being  with  his  Children  haveing  two 
Sons  in  that  province  and  a  Daughter  maryed  to  a  Mr 
Putnam  of  New  Brunswick. 

That  one  of  his  Sons  who  faithfully  Served  his  majesty 
in  the  Quarter  Master  General  Department  Several  Years 
during  the  American  War,  is  now  so  Infirm,  as  to  be  in- 
capable of  doing  any  Business,  and  haveing  no  property, 
or  any  allowance  from  Government,  depends  wholly  on 
your  memorialist  for  his  Subsistance,  and  your  memorial- 
ist haveing  no  other  means  of  Support  than  he  had  when 


APPENDIX  285 

he  left  Great  Britain,  and  this  Country  being  much  more 
Expensive  than  that,  He  Humbly  Prays  that  his  allow- 
ance for  Temporary  Support  may  be  continued  to  him 
and  that  the  Same  may  be  paid  to  his  Agent 

JOHN  CHANDLER 

Halifax  Nova  Scotia 
Mayl:  1787  — 

(Endorsed) 

Mass. 

John  Chandler 
memorial  for  Continuance 
of  his  Allowance 

P  M!  Rogers 
N?  23  Charlotte  Street 

Portland  Place  — 

will  attend  on  Thursday  12th  July  1787 
at  2  O'Clock  — 

July  13th 

Leave  to  10.  Oct.  1788 


[Number  91.] 

Annapolis  Royal  August  30  :  1788 
Sir 

Having  received  yours  of  the  27th  of  June  last  inclosing 
an  account  from  the  Massachusetts  of  the  demands  that 
have  been  Set  up  and  allowed  by  that  State  against  my 
Estate,  to  the  amount  of  three  Thousand  and  twenty  Six 
pound  ten  shillings  and  Six  pence  half  penny  Lawful 
mony  and  requiring  me  to  Transmit  upon  oath  an  Expla- 
nation of  the  Said  account,  Stating  particularly  whether 
any  and  which  of  the  said  demands  were  Justly  due  either 
in  the  whole  or  in  part  and  to  what  extent,  I  now  forward 
the  Enclosed  Affidavit  and  accounts  annexed  to  it,  which 
altogether  contains  the  most  particular  and  best  account 
of  that  business  that  I  can  possibly  give,  and  I  request 


286  THE  CHANDLER  CONFISCATION 

you  will  have  the  Goodness  to  lay  the  Same  before  the 
Honourable  Commissioners  — 
I  have  the  Honour  to  be 

S*  Your  most  obedient  and 
most  Humble  Serv* 

JOHN  CHANDLER 
CHARLES  MUNRO  Esqf 

(Endorsed) 

Aug?  30?  1788 
John  Chandler 

Transmitting  affid' 
relative  to  Incumbrances 


[Number  92.]  ! 

John  Chandler  an  American  Loyalist  formerly  of  Worces- 
ter In  the  County  of  Worcester  in  the  Province  of  Massa- 
chusetts Bay,  But  now  of  Annapolis  Royal  in  the  County 
of  Annapolis  in  the  Province  of  Nova  Scotia  Esqr.  maketh 
oath  and  Saith  that  the  paper  writing  hereunto  annexed 
Marked  Exhibit  N°  1.  is  a  true  Copy  of  an  Account 
which  came  to  this  Deponant  Inclosed  in  a  letter  Signed 
Charles  Munro  dated  American  Office  Lincolns  Inn  Field 
June  27*  1788  —  and  this  Deponant  further  Saith  that 
he  verily  beleives  that  the  paper  writing  here  unto  an- 
nexed marked  Exhibit  N°  2.  Contains  a  true  account  of 
the  demands  that  have  been  allowed  by  the  Judge  of  Pro- 
bate for  the  County  of  Worcester  in  the  State  of  Massa- 
chusetts Bay  against  the  Estate  of  this  deponant,  amounting 
in  the  whole  to  three  Thousand  and  twenty  Six  pound 
ten  shillings  and  Sixpence  half  penny  of  Lawful  mony  — 
And  this  deponant  further  Saith  that  he  verily  beleives 

1  With  the  exception  of  the  certificate  by  Winniett  on  the  follow- 
ing page,  this  set  (pages  317  to  335)  [Nos.  92-95  inclusive]  is  in 
John  Chandler's  own  hand. 


APPENDIX  287 

the  paper  writing  hereunto  annexed  marked  Exhibit  N°  3 
and  signed  John  Chandler,  contains  a  true  account  of  all 
the  Demands  Justly  due  from  this  deponant  to  the  Sev- 
eral Claimants  named  in  the  paper  Writings  hereunto  an- 
nexed marked  N°  1  and  N°  2  amounting  to  two  Thousand 
one  Hundred  and  thirty  seven  pound  seventeen  shillings 
&  ten  pence  half  penny  of  Lawful  mony  Including  Inter- 
est as  allowed,  and  that  the  Said  Paper  Writing  marked 
Exhibit  N°  3  also  Contains  a  true  and  the  best  and  most 
particular  Explanation  which  this  deponant  can  give  of 
the  Several  Claims  and  demands  Stated  in  the  Said  paper 
Writings  marked  Exhibit  N°  1  and  Exhibit  N°  2  and  this 
Deponant  verily  beleives  that  he  was  not  Indebted  to  the 
said  Claiments  named  in  the  Said  paper  Writings  marked 
Exhibit  N°  1  &  Exhibit  N°  2  to  a  greater  amount  than 
the  Said  Sum  of  two  Thousand  one  Hundred  and  thirty 
Seven  pound  Seventeen  Shillings  and  ten  pence  half  penny 
or  any  other  wise  than  is  mentioned  in  the  said  paper 
Writing  marked  Exhibit  N°  3. 

JOHN  CHANDLER 

Province  of  Nova  Scotia) 

Annapolis  ss  C    Sworn  by  the   above   named 

John  Chandler  at  Annapolis  Royal  in  said 
County  of  Annapolis  this  thirtieth  day  of 
August  in  the  Year  of  our  Lord  one  thou- 
sand seven  hundred  and  Eighty  Eight,  before 
[Paper  seal  over  me  Joseph  Winniett  Esquire  one  of  his  Ma- 
wafer.  NO  impres-  ^^  justices  of  the  Peace  in  and  for  said 

County,  and  first  Justice  of  the  Court  of 
Common  Pleas  in  and  for  the  same  County, 
In  Testimony  whereof  I  have  hereunto  set 
my  Name  and  affixed  the  Seal  of  Said  Court. 

JO8?  WlNNIETT 


288  THE  CHANDLER  CONFISCATION 

[Number  93.] 
Exhibit  N°  1 
D*.          The  Estate  of  John  Chandler  of  Worcester  — 

1782 

January  5  To  Warrant  on  the  Treasury  in 
favour  of  John  Cunningham 
for  36-  7-10 

Octo*       3d   Daniel  Bancraft 14-  8-11 

1784 

Feb*      14    Nath11  Heywood 3-11-  0 

1786 

June      28     Martha  Green 591-  0-  0 

Sarah  Green 42-2-6 

Nov         6     Gardner  Williams 47-15-  0 

Additional  Claims    .£1046-12-  5     In  Consequence 
Amount  of  Claims      1979-18-  11 

3026-10-  6£ 

County  of  Worcester  an  Absentee  C? 

By  proceeds  of  Sale  of  Said  Estate 

In  the  County  of  Worcester  2495-18-  3 
D?         Hampshire    .    .      1309-  8-  2 

paid  by  the  agent  as  amount  of  Personal 

Estate 156-  2-  2 

3961-  8-  7 
Deduct  for  Charges  of  Sale 216-11-  8 

£3744-16-11 
of  Kesolve  of  March  1782 

True  Copy  Attest 

JOHN  AVEEY  Junr  Secry 


APPENDIX  289 

[Number  94.] 

Exhibit  )    Contains  an  account  of  the  demands  that  have 
N°  2     )    been  allowed  by  the  Judge  of  Probate  for  the 
County  of  Worcester  in  the  State  of  Massa- 
chusetts Bay  against  the  Estate  of  John  Chandler  an 
American  Loyalist  formerly  of  Worcester  in  the  County 
of  Worcester  in  the  Province  of  the  Massachusetts  Bay 
amounting  in  the  whole  to  ,£3026-10-6^  Copyed  from  an 
account  thereof  which  the  said  John  Chandler  has  received 
from  the  Massachusetts  Bay  —  viz* 

To  Jonathan  Gates  Jun*  of  Worcester  on 

account X5-12-  0 

Nathaniel  Heywood  of  Shrewsbury  on  ac- 
count    3-11 

John  Fisk  of  Worcester  on  note  ....         14-  3 

Phillip  Donehen  on  account 16-  0 

William  Trowbridge  of  Worcester  on  ac- 
count    1-14-  2 

Edmund  Heard  of  Lancaster  on  account  .  1-5-8 

James  Loyd  of  Boston  on  account    ...  1—3—0 

Benjamin  Greene  &  Son  of  Boston  on  ac- 
count against  John  and  Clark  Chandler 

being  one  half  of  the  amount  ....  576-14-  0 

Benjamin  Greene  Executor  to  Rufus 
Greens  Estate  of  Boston  on  Bond  being 
one  half  of  the  Bond  due  to  said  Estate 

from  John  &  Clark  Chandler  ....  392-  6-10£ 

Thomas  Fairweather  EsqF  of  Cambridge 
Executor  to  Mary  Hubbard  of  Boston 
on  a  bond 135-  5 

George  Bethune  Little  Cambridge  on  bond       276-  0 

Daniel  Bancraft  of  Salem  on  account   .     .  14-18-11 

To  Benj*  Green  &  Son  of  Boston  on  note 

&  account  422-19-  2- 


290  THE  CHANDLER  CONFISCATION 

Robert  Smith  of  Murrayfield  on  ace*    .     .         30  --    - 
Mary  Chandler  of  Worcester  on  account  .       103-  9-  4 

Total  amount  of  Demands  allowed  the  7th 
day  of  May  1782  Interest  Computed  to 
the  first  of  January  1782  .....  £1979-18-  1 


Benjamin  Greene      ........       240-11-  9 

Martha  Greene  Principal  and  Interest  up 

to  the  6th  of  April  1782  ......      591-  -    - 

Sarah  Greene  principal  &  Interest  up  to 

the  26th  of  March  1781  ......        42-2-6 

Gardiner  Williams  Principal  &  Interest 

up  to  May  1783    .     .     ......        47-15-  0 

Charles  &  Samu  Chandler  Principal  &  In- 

terest up  to  May  1783    ......      125-  3-  2 

Total  Amount  of  Demands  allowed  the  7th 

of  October  1783    ........  £1046-12-  5 

Amount  of  Demands  allowed  the  7th  of 

May  1782  —  Brought  down     ....     1979-18-  1 


Total   Amount    of    Demands   set  up   & 
allowed   ...........  £3026-10- 


[Number  95.] 

Exhibit  |  Contains  a  true  and  particular  account  of  the 
N?  3  )  Demands  Justly  due  from  John  Chandler  an 
American  Loyalist  formerly  of  Worcester  in 
the  County  of  Worcester  in  the  Province  of  Massachu- 
setts Bay,  to  the  Several  Claimants  named  in  the  papers 
herewith  Exhibited  Marked  Exhibit  N°  1  and  Exhibit 
N°  2  amounting  to  two  Thousand  One  Hundred  thirty 
Seven  pound  Seventeen  shillings  and  ten  pence  half 
penny  of  Lawful  mony  Including  Interest  as  allowed,  and 
also  the  best  Explanation  the  said  John  Chandler  can  give 
of  the  Several  Claims  and  Demands  Stated  in  the  said 
papers  marked  Exhibit  N°  1  and  Exhibit  N°  2  —  viz? 


APPENDIX  291 

To  Nathaniel  Heywood  on  account  .     .     .        X3-11-  0 

John  Fisk  on  a  note 14-  3-  0 

James  Loyd  of  Boston 1-3-0 

Benjamin  Greene  and  Son  on  account  .     .       576-14-  0 
Benjamin  Greene  as  Executor  of  Rufus 

Greene  deceased  on  a  Bond     ....       392-  6-10^ 
Thomas  Fairweather  as  Executor  to  Mary 

Hubbard  Deceased  on  a  Bond      .     .     .       135-  5-  0 

George  Bethune  on  a  Bond 276 

I  Signed  this  Bond  with  one  William 

Thompson  it  was  for  a  Debt  he  owed 

MF   Bethune  when   I  fled  from  home 

Thompson   was   considered  a  man    of 

Property,  I  am  Informed  that  he  has 

Since  died  Insolvent,  So  that  I  have 

lost  this  mony  in  Consequence  of  the 

War,  for  if  I  had  remained  in  the  Mas- 
sachusetts I  could  have   Secured    the 

Same 
To  Benjamin  Greene  about 100 

on  account  of  a  note  of  hand  Signed  by 

Phinehas  Lovet  which  I  had  from  MF 

Greene  during  the  Blockade  of  Boston, 

I  received  the  mony  due  thereon  from 

Lovet  and  was  obliged  to  Expend  the 

same  for  my  Support  before  I  went  to 

England  in  the  Year  1776  and  Suppose 

it  is  included  in  the  Second  Demand 

made  by   Benjamin   Greene    and   Son 

amounting  to  £422-19-2 

To  Martha  Greene  on  a  note 591-  0-  0 

To  Gardiner  Williams  .  47-15-  0 


Total  amount  of  Claims  which  John 

Chandler  allows  to  be  Just   .     .     .  X2137-17-10| 


292  THE  CHANDLER  CONFISCATION 

I  the  Said  John  Chandler  do  not  recollect  or  know  any 
thing  about  the  Claims  which  by  the  Papers  herewith 
Exhibited,  marked  Exhibit  N°  1  and  Exhibit  N°  2  ap- 
pear to  have  been  set  up  by  and  allowed  to  the  following 
Persons,  to  wit  Jonathan  Gates  JunF,  Phillip  Donhen, 
William  Trowbridge,  Edmund  Heard,  Daniel  Bancraft, 
Robert  Smith,  and  John  Cunningham,  and  verily  beleive 
I  did  not  owe  the  Same  or  any  part  thereof  —  Mary  Chan- 
dler was  my  Wife  and  Charles  and  Samuel  Chandler 
were  my  Sons,  and  both  Boys  when  I  Left  home  so  that 
the  Claims  set  up  by  them  must  have  been  for  the  Sup- 
port of  my  Family  after  I  fled  from  home  —  I  formerly 
owed  Sarah  Greene  about  twenty  nine  pound  and  am  Sat- 
isfyed  in  my  own  mind  that  I  paid  the  Same  in  the  Year 
1774.  and  therefore  verily  beleive  that  the  Claim  set  up 
and  allowed  to  the  said  Sarah  as  appears  by  the  Paper 
herewith  Exhibited  marked  Exhibit  N°  2  amounting  to 
.£42—2-6  was  not  due  or  any  part  thereof  — 

About  Six  or  Eight  Years  before  I  fled  from  home 
Mf  Benjamin  Greene  Shiped  for  me  a  Quantity  of  Pot 
Ashes  for  London,  which  I  positively  ordered  to  be  sold 
for  Cash,  and  Mr  Greene's  agent  in  London  Sent  him  an 
account  of  the  Sales  thereof  and  made  a  Charge  of  five 
per  Cent  for  Prompt  pay,  but  afterwards  he  Informed 
Mf  Greene  that  altho  he  had  Credited  him  for  the  Pot 
Ashes  as  if  sold  for  ready  mony  that  he  was  in  fact 
obliged  to  sell  it  upon  the  Usual  Credit,  and  to  a  person 
who  had  Since  failed  and  paid  only  about  ten  shillings 
upon  the  Pound  to  his  Creditors,  and  Charged  Mr  Greene 
for  the  loss,  who  proposed  that  I  should  allow  the  Same 
to  him  which  I  refused  to  do,  and  Said  that  as  his  agent 
had  Sold  it  Contarary  to  orders  and  had  Actually  Charged 
five  per  cent  as  allowed  for  Prompt  pay,  he  had  taken 
the  loss  upon  himself,  and  ought  in  Consience  to  loose  it, 
during  the  Long  time  I  afterwards  remained  at  Home  I 


APPENDIX  293 

never  heard  any  thing  more  about  this  demand  and  Sup- 
posed Mr  Greene  had  given  it  up,  and  this  Demand  is  the 
only  one  I  can  recollect  that  Mes?  Benjamin  Greene  and 
Son  or  Either  of  them  could  possebly  Set  up  againt  me 
Except  for  the  two  Sums  which  I  have  allowed  in  the 
aforegoing  Account  Amounting  both  together  to  ,£676- 
14-  and  I  verily  beleive  that  the  remaining  part  of  the 
Claims  Set  up  by  and  allowed  to  the  Said  Benj?  Greene 
or  to  the  Said  Benj?  Greene  and  Son  amounting  altogether 
to  £563-10-11  was  not  due  at  the  time  the  Claim  was 
made,  or  any  part  thereof,  and  that  I  did  not  at  that  time 
owe  to  the  Said  Benjamin  Greene  or  to  the  Said  Benja- 
min Greene  and  Son  or  both  of  them  together  more  than 
the  Said  Sum  of  <£676-14/  as  is  before  Stated 

JOHN  CHANDLER 

(Endorsed) 

John  Chandler's 
Affidavit  as  to 
Incumbrances 

[Number  96.] 
Transcriber's  Note. 

[Duplicate  of  the  foregoing  letter  of  30  August,  1788,  and 
its  enclosure,  endorsed :  — ] 
John  Chander — 
Ansr  to  the  Charge  ag*  his 
Estates  of  Debts  due  — 
6  NOT!  1788  — 

Duplicate  already 
received  &  considered  — 

[Number  97.] 
[From  Audit  Office,  Loyalist  series,  Volume  81.] 

(In  a  "  report,"  4  November  1787  [by  Mr  Anstey] 
upon  ye  "  subject  of  Confiscation  "  one  sentence  alludes 
to  Mr  Chandler  thus :  — )  "  I  beg  leave  to  refer  the  Board 


294  THE  CHANDLER  CONFISCATION 

to  the  Act  respecting  John  Chandler  passed  28  June 
1781  and  to  a  Paper  marked  N°  2  containing  Abstracts  of 
all  the  Acts  of  Naturalization  passed  before  the  Close  of 
the  Session  of  the  last  General  Court." 

(The  paper  N°  2  referred  to  follows  that  report  but 
the  entry  touching  John  Chandler  is  simply  as  follows :) 
"  Chandler  John  vide  Law  of  the  State  referred  to  in  the 
report " 

[Number  98.] 

(From  Vol.  82.  N?  1,  p.  1.) 
Alphabetical  List 

of  the  Names  of  Persons  who  have  lost 
Property  real  or  personal  more  or  less 
by  way  of  Forfeiture  and  Confiscation 
in  the  State  of  Massachusetts  Bay.  N.  A. 


Chandler  John  W.  H. 


(Endorsed  on  the  back) 

Massachusets 

Certified  List  of  all  the 
Persons  who  have  sustained 
Loss  of  Property  more  or 
less  by  way  of  Forfeiture 
and  Confiscation. 

N'9 

31  October  1787 
Com™  London. 


APPENDIX  295 

[Number  99.] 

(Audit  Office,  Loyalist  series,  Volume  82,  N°  3,  p.  16.) 
[A  duplicate  of  Number  93.] 

[Number  100.] 
(From  Volume  83.) 

(On  folio  2  is  a  Certificate  from  the  Clerk  of  the  Com- 
mon Pleas  "  relative  to  Judgment  on  Libels  against  Ab- 
sentees "  John  Chandler's  being  one  of  the  twenty  names 
given.) 

(On  folios  46  &  47  are  two  writs  of  Worcester  County 
same  as  pages  129  and  153,  [Numbers  62  and  63 
Calendar.]) 

(At  folio  75,  part  of  a  long  paper  of  "  Claims  against 
Absentees'  estates "  are  two  leaves  devoted  to  John 
Chandler  but  as  the  same  information  appears  as  Exhibit 
2,  pages  325  to  327  of  these  transcripts  [Number  94, 
Calendar]  they  are  not  here  repeated.  At  the  end  how- 
ever of  the  2?  leaf  is  what  seems  to  be  some  additional 
information.)  [This  additional  information  is  a  copy  of 
the  report  of  the  Commissioners  to  examine  Claims  given 
in  No.  30,  probate  files.] 

[Number  101.] 

(Extract  from   Volume  109   the   Commissioners   Liquidation 

Book) 

PROPERTY 

N°  of  Certificate Ill 

Name  of  Claimant Chandler  John 

Province  Massa: 


296  THE  CHANDLER  CONFISCATION 

Claim  for  loss  of  property '.          11,067-13 

Sum  Originally  allowed 7949- 

Sum  as  allowed  on  Revision 7221- 

pr.  Centage  to  be  deducted  pr.  Act  of 

Parliament 

Total  Sum  payable  under  Act  of  Parliament  7221- 

Sum  already  received 3179-12 

Ballance  after  such  Receipt 4041  -8 

Deduction  on  account  of  Pension     .     .     .  60- 

Final  BaUance 3981-  8 

INCOME 

Claim  for  loss  of  Income  per  Annum   .     .  25 

Sum  allowed  for  loss  of  Income  pr.  Annum  24 
Pension  under  the  Address  of  the  Ho.  of 

Commons  of  9  June  1788  12 


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